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VII.2. Construction Management Services Agreement; StadlerPublic Works De artmentp er.oran ur r To: Honorable Mayor and Members of the City Council Copy: Mike Mornson, City Manager From: Steven J. Stadler, Public Works Director Date: Oct 12, 2017 Subject: Construction management services -- Pavilion Upgrade project As I mentioned at the latest work session, staff believes that it is prudent to use the construction management — at risk delivery method for the upcoming Pavilion Upgrade project. We have now reviewed and scored three construction management services proposals for the Pavilion project. We received proposals from Kraus-Anderson Construction Co., Shingobee Builders and RJM Construction. The proposal review committee has chosen RJM Construction as the winning proposal. Of the three proposals, the RJM proposal scored the highest + their fee also came in the lowest of the three at $279,000. This compares favorably to the $322,000 that we had built into the total projec cost for contractor's fee, general conditions/requirements costs. Staff is getting the AIA document finalized for the CM Services agreement, including City Attorney review/revisions, and will have it for City Council at the meeting Tuesday night. RJM has extensive experience as CM —At Risk having performed in that role on several other projects, including: Shakopee Community Center, St. Louis Park Outdoor Recreation Center, Maple Grove Ice Arena Expansion. Additionally, our design team has worked successfully with RJM on several projects. 4ctober i, 2017 Mr. Steve Stadler, PE, Public Works Director City of Hopkins, City Hall 1010 ist Street South Hopkins, MN 55343 Re: Hopkins Pavilion Addition & Renovations Dear Mr. Stadler, y / F , /r / . F { f j}+ , ` 1 / F k. RJM Construction is pleased to present our response to the request for proposal for the Hopkins Pavilion Addition and Renovations. We understand you are seeking a strong and collaborative construction par ner to help guide the City through the process. Our team is uniquely qualified to deliver this project. We have assisted 292 Design Group and Stevens Engineers with cost estimating, constructability reviews and various scheduling scenarios for this projec over the past year. This experience will allow the team to deliver results immediately with no learning cu rve. We believe we can best meet the goals established by the project team based on the following: Ice Arena Specialists: Our team has completed dozens of similar projects, many with 292 Design Group and Stevens Engineers. We will utilize this experience in establishing a plan to maintain your upper level, administration areas and softball fields during construction. We will deliver your project with minimal impact to your community and business operations. Extensive CM Experience: R.7M has had the pleasure of working with over 8 municipalities on construction management projects. Our services go beyond the construction of your fiacility. From managing purchases through your state contact to guiding city staff through council approvals, R]M is truly your partner through the entire process. Praven Value: VVe are committed to being innovative in our approach to the project. We will estabiish accurate budgets, provide valuable cost savings options and guide the team in making effective decisions -- all while maintaining your goal of skating by September ptn. RJM Construction provides the maximum project value and a rewarding construction experience fior every member of the project team. We stand ready ta begin work immediately with you and your team. Sincerely, Brad Barickman Vice President, Community 952 837-8614 ad barickman@rjmconstruction.com � . /-i.' •��,^ •�!� ' �... October 16, 2017 y � P K I N S Council Report 2017-124 Approve Construction Management Agreement — Hopkins Pavilion Upgrade project Proposed Action Staff recommends adoption of the following motion: Move that Council approve a construction management agreement with RJM Construction to provide construction services related to the Pavilion Upgrade/expansion project and authorize the City Manager to execute the agreement in the amount of $279,030. Overview As briefly discussed at the October 10 City Council work session, staff believes that it is prudent to use the construction management — at risk delivery method for the upcoming Pavilion Upgrade project. Accordingly, we solicited proposals for construction management services and received three proposals. We received proposals from Kraus-Anderson Construction Co., Shingobee Builders and RJM Construction. We have reviewed and scored the construction management services proposals and the proposal review committee has chosen RJM Construction as the winning proposal. Of the three proposals, the RJM proposal scored the highest + their fee also is the lowest of the three at $279,030. This fee compares favorably to the $322,000 that we had built into the total project cost for contractor's fee, general conditions/requirements costs. The City Attorney has reviewed the AIA Document A133 and has recommended several revisions which will be written into the final agreement. RJM has extensive experience as CM — At Risk having performed in that role on several other projects, including: Shakopee Community Center, St. Louis Park Outdoor Recreation Center, Maple Grove Ice Arena Expansion. Additionally, our design team has worked successfully with RJM on several projects. Primary Issues to Consider • Project scope, funding, schedule Supportinq Information • AIA Document A133 with supplementary conditions sheet (agreement revisions) • CM Services RFP document RJM roposal excerpts Steven J. Stadler, Public Works Director Financial Impact: $ 279,030. Budgeted: Yes Sources: City bonding, Park Improvement Fund, outside funding partners Council Report 2017-124 Page 2 Analysis of Issues Projeci Scope: • New Refrigeration Equip., Arena Floor, Dasher Board Replacement • Remodeled, enlarged and additional locker room space • Outdoor Rink Ice Resurfacer Garage • Shower rooms • Expanded Pavilion lobby • Remodeled office and concession stand • Park Services Space (warming house) replace the current 50 year old park building • Restroom facilities to service both the Pavilion and the Park • Park uti I ity space • Roof Replacement • Restroom/Lobby Floor Improvement • Overhead Door Improvement • Skate Tile Replacement • Entry and Lobby Door Replacement • Paint Exterior Building • Painting the Arena Ceiling and Bar Joist Project Funding: $1, 000, 000 HYHA contribution $1,000,000 Hopkins School District contribution $600,000 Park Fund $3,100, 000 2018 Tax Abatement Bonds $5,700,000 Total Project cost Project Schedule: April 2017: determine project scope May/June 2017: City Council approve design services agreement June — October 2017: Design underway November/December 2017: Advertise bid packages December 2017/January 2018: Award contracts March — September 2018: Construction � � '�`��''� TM �� `��i*:� �� ss Standaraf Form of A r�eemen� Between �wner araa� Canstructron 1Ulanager as g . Cons�ruc�or where ��ie basis ofpaymer�t �s �he Cost o��he Work Plus a�ee wl�� a Gc�aran�eed 1Ulaxjm�m Price AGREEMENT made as of the 17th day of �ctober in the year Two Thousand Seventeen (In wards, indicate day, month and year.) BETWEEN the Owner: (11�ame, legal statics and address) City of Hopkins 1010 1 Sr Street North Hopkins, N1N 55343 and the Construction Manager: (Name, legal status and addYess� RJM Construction 84I Boone Ave. N. Golden Valley, MN 55427 for the following Proj ect: (Name and address oY location) Hopkins Pavilion Remodel 111100 Excelsior Blvd. Hopklns, MN 55343. The Architect: (IVame, legal status and add�ess) 292 Design Group 3533 Lake Street Minneapolis, MN 55406 The Owner's Designated Representative: (Name, address and otheY infoYmation) 5teve Stadler Public Works Director 1410 1 S� Street North Hopkins, MN 55343 The Constructzon Manager's Designated Representative: (IVame, addr�ess and otheY information) Brad Barickman RJM Construction 801 Boone Ave. N. Golden Valley, MN 55427 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 T"'-2007, General Conditions of the �ontract for Construction, is adopted in �his document by reference. Do not use with other genera� conditions unless this docurnent is modified. Init. AIA Document A133T"" — 2009 (formerly A121''�"�'CMc — 2003). Copyright O 1991, 2003 and 2009 by The Arnerican Institute of Architects. All rights reserved. WARNING: This AIA�' Document is protected by U.S. Copyright Law and Internati4na! Treaties. Unauthorized reproduction or distribution of this AIA� Docum�nt, or any portion of it, may result in severe civil ar�d criminal penalties, and wilt be prosecuted to the maxirnurn extent possible under the law. l This document was produced by AIA software at 10:39:00 on 10/13/2017 under Order No.78573674fi1 which expires on 0810912018, and is not for resale. User IVotes: (112940759Q} The Architiect's Designated Representative: �11Tame, a��'�� and other information) Tom Betti 292 Design Group 3533 Lake Street Minneapolis, MN 55406 The Owner and Construction Manager agree as` %llows, __ . AIA Document A'13371" — 2009 (formerly Al2�1 T"'CMc — 2003}. Copyright t� 1991, 2003 and 2009 by The Americah Institute of Architects. All right� reserved. In�t. VVARNING: This AIA� Document is protected by U.S. Copyright Law and lnternational Tre�ties, Unauthorized reproduction or distribution of this A�A� 2 Document, or any por�ion ofi it, may cesult in severe civil and criminal penatties� �nd will be prosecuted to the max�mum extent possible under the law� 1 This document was produced by AlA software at i Q:39:00 on 10I1312017 under 0rder No.7g573fi746� w�ich expires on .0810912018, and is not for resale. User Notes: �1129407590) TABLE OF ARTICL�S 1 GENERAL PROVISIONS � CONSTRUCTIQN MANA�ER'S RESPtJNSIB�LiTIES 3 t�V11NER'S RESPt}NS161L�TIES 4 C�MPENSATI�N AND PAYMENTS FOR F'REGUN�TRUCTIQN PHASE SERVICES 5 CQMPENSATI�JN FOR CaNSTRUCTION PHASE SERVICES � C�ST OF TH� V�tt�RK fflR C4NSTRUCTION PHASE 7 PAYI�ENTS FOR CONSTRUC?ION PNASE SERVICES 8 INSURANCE AND Bt�NDS 9 DISPUTE RESOLUTION '10 TERMIN�ITION t�i� SUSPENSION � 1 MISGELLANECiUS PR�}VISIONS 12 SCf�PE OF THE AGREEMENT EXHtBIT A GUARANT�ED MAXIMUI� PRICE AI�ENDMENT ARTICI.E 1 : GENERAt,`P�tOV1SI0NS § �.1 The Cor�tract Dc�cuments T�e �ontract Documents consist of this Agreement, C�ndi��.ons of the Contract (General, Supplementary and other Conditions}, Drawxz�gs, Specif ca��ons, AC�d.e11�.S 1SSU�C� pilOT t0 �le �XeCUt1Q11 Uf �115 .�i�l'�e111�21�, other documents lxsted in �his Ag�eement, and l�odifications issuecl af�er execution of this Agreement, all of wl�ich form the �ontract and are as fully a part of t�ie Contract as 1f attached to this Agreement c�r repeated herein. Upon the Qwner's acceptance of the Construction Manager's �Guaranteed Maximum Price proposal, the Contract Documents will a.lsa include the docu�nents described in Sectxor� 2.2.3 and identified in t�e Guaran�eed Maximu�n Price Amendment and revisions pr�pared by the .Architect and fia.rrushed by the (Jwner as described in Section 2.2.8, The Contract represents the entire and integrated agreement bet�veen the �arties hereto and supersedes pr�or negotiations, representations or agreerr�.ents, eit�er writte� or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreeme�nt, this Agreement s�all govern. § �.2 Relationship of #he Parties The Construction Manager accepts the relationship of �rust and conf dence established by thls Agreern�nt and covenants ,vc�itl� the C}t�c�ner �a cooperate with the Architect and exercise the Construction Manager's ski11 and �udgment in furthering the interests of :the awner; ta furnish effic�ent constiuctio�. acUministration, rr�anagement. servXces and supervisxon; to furnish at :a11 tirnes an� adequate supply of workers and materials; and to pe�form the Wark in an expeditious and economical manner consistent with the (�wner's interests. The C�wner agrees to fuinish or approve, in a time�y manner, i�afarmation required by the Construction Manager and to make payments to the Construction Manager in accordance with the requireznents of the Contract Documents. § 1 e3 +General Conditians For the Preconstruction Phase, AIA Document A201 TM-2007, General Co�ditions of the �antract for Construction, sha�l apply anly as specificalty provided in this Agr�ement. For the Cor�sti-uction Phase, the general conditions of the contrac� shall be as set forth in A201-2�07, which document is incorpo�rated herein by-reference. The term "Contractor" as used in A2Q1-2007 shall mean the Const�-u.ction Manager. - __ . AIA Document A133T"' — 2009 �formerEy Al2'� "�' CMc - 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. Alt rights reserved. irnt. yyARN1NG: This AIA�' QoCument is p�otected by U.�. Copyright L.aw and International Treaties. Unau#horized reproduction or disiribt��i�n of this AIA° Document, or any partion of it, may result in severe civi) and: criminal penatties, and wiil be prosecuted to the maxitmum extent poss�� under the taw. I This dacument was produced by AIA saftware at � 0:39:00 on 101�f 312417 under �rder No.76573674fi1 which expires on 08109/2018, and is not for resaie. User IVotes: {11294075$0} ARTICLE 2 Ct�NSTRUGTI�}N MANAGER'S RESPONS�BILITiES The Construction Manager's Preconsti-uctian Phase responsibi�ities are set forth in Sections 2.1 and 2.2. The Construction Manager's Constntction Phase responsibilities are set forth in Section 2.3. The 4wner and Construction Manager may agree, in cor�sultation �vvith th� Architect, for the Construction Phase to commence prior to comp�etion of the Preconstruction Phase, in which case, both phases will proeeed concurrently. The Construction Ma�ager sha11 identify a representative autliorized to act on beha�f of the Construction Manager with respect to the Proj ect. § 2.1 Preconstruction Phase § 2.1.1 The Construction Manager shali provide a preliminary evaluation of �he �wner's program, schec�ule and construction bud�et requ�rements, each in terms of the other. § 2,'1.2 Cansultation The Construction Manager sl�all schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coorc�ination, and scheduling of` the �V'ork. The Construction Manager sha�l advise the Qwner and the Architect on proposed s�te use and improvements, selection of materials, and building systems and equipment. The Construction Manager sha1� also provide recammendations consistent vc�itla the Proj ect requirements to the t�wner and Architect` on constructability; availab�lity of materials a�.d labor; time requirements for procurement, installation arid consh-u.ctior�; and factors related to const�uction cost including, but not limited to, costs of alternative designs or materia�s, prelimiz�ary buc�gets, life-cycle data, and possible cost reductions. � 2.1:3 When Proj ect requirements in S ection 3. l.1 have been suf� ciently identi� ed, the Construction Manager shall prepare and periodically update a Project` schedule for tl�e Architect's review and the Owner's acceptance. The Construction IVlanager sl�all obtain the Architect's approval for the po�tion of the Proj ect schedule relating to the performance of the Architect's serv�ices. The Project sehedule shall coordinate and integrate the Construction Manager's services, the Architect's seruices, othe� �wner consultants' services, and the Owner's `responsibilities and identify items �Ghat cauld affect the Project's timely cornpletio�n. The updated Project schedule shall include the following: subrnission of the Guaran�eed`Maximum Price p�roposal; components of the Work; times of coxnmenc�ment and completion required of each Subcontractor; atdering and delivery of p�roducts, inc�uding those that must be ordered well in advance of construction; and the occupancy requirements of the 4wner. � 2.1.4 Phased Const�uction T�ie �onstruction Manager shall provide recommendations with regard to accelerated or fast-�track scheduling; procurement, or phased construction. The Construction Manager shall take irito consideration cost reductions, cost in.�orrnation, coristructability, p�ovisions for temporary facilit�es and procurement and construction scheduling � �ssues. § 2.�I.5 Preliminary Cost Estimates § 2.1.5.1 Based on the prelirni�nary design and other design criteria prepared by the Architect, the Construction Manager shall prepare prelimina�ry estimates of the Cost o� the �ork or the cost of program requireme�.ts using a:rea, volume or similar conceptual estirnating techniques for the Architect's review and (�wner's approval. If the .�.rchitecf or Construction Manager suggests alteraative rnaterials and systems, the Construction Manager shal� provide cost evaluations of those`alternative materi.als and systems. § 2.'1.5.2 As the Archi�ect progresses with the prepa�-ation of the Schematic �esign, Design Developmen�t and Constzuction Documents, t�e Canstruction Maz�age� sha11 prepare and upc�ate, at appropriate intervals agreed to: by the Owner, Construction Manager and Architect, estimaties of the Cost of the V�iork of increasing detail a�.d refinement and a1low�ng.for the further development of the design u.ntil such time as the Owner and Constructian Manager agree on a�'rua�anteed Maximum Price for the �ork. Such estimates s�all be provided for the Architect's review and t�ie Owner's approval. The Constru.ction Manager shatl inform the �wner and Architec� when estimates of the Cost of the Work exeeed the latest approved Project budget and make recornmendations for correctxve action. § 2.1,� Subcontractors and Suppliers The Construction Manager shall develop bidders' interest in the Pro,�ect. § Z.1.7 The Construction Manager shall prepare, for the Are�aitect7s review and the �wner's acceptance, a procurernent schedule for items t�iat must be ordered well in advance of construction.. The Construction Manager _. _ . AIA Docu�nent A133TM — 2009 {fotmerly A121 TM�CMc — 2003). Copyright O 1991, 2Q03 and 2U09 by The American Institute of Architects. All rights tesenred. tn�t. vyARNING: This AIA� Document is protected by U.S. Copyright Law and (nternational Treaties. Unauthorixed reproduction or distribution of this AIA� Document, or any portion of it, may result in severe civil and criminat penalties, and wili be prosecuted to the maximum extent possible under the law. ;,� This document was produ�ed by AIA software at 1 a:39:00 on 1 0/1 31201 7 under Order No.78573674fi1 which expires on 08l0912018, and is not for resale* User Notes: (1129407590} shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the Owner agrees to procure any �tems prior to the establishment of the Guaranteed Maximum Pz-ice, the Owner shall procure the items an texms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, t��.e 4wner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § Z.1.8 Extent of Responsibil�ty . The Construction Manager shall exercise reasonabte care in preparing schedules and estimates. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as rnay be included as part of the Guaranteed Maxirnum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with appl�cable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Ovvner any nonconfo�mity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may reyuire. § 2.1.9 Notices and Compliance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authonit�es applicable to its perforrnance under this Contract, and with equal employment opportunity programs, and other programs as rnay be required by governmental and quasi governmental authorities for inclusion in the Contract Documents. § 2.2 �uaranteed Maximum Price Pr�posa! and Contract Time § 2.2.1 At a time to be mutually agreed upon by t�e Owner and the Construction Manager and in consultation with the Architect, the Construction Manager shall prepare a Guaranteed Maximum Price proposaX for the �wner's review and acceptance. The Guaranteed Maximum Price in the pro�osal sha11 be the sum of the Construction Manager's estimate of the Cost of the Work, includir�g contingencies described in Section 2.2.4, arid the Construction IVlanager's Fee. § 2.2.2 To the extent that the Drawings and Specifications are ar�t�cipated to require further development by the Architect, the Construction Manager sha11 provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferabte theref�om. 5uch further development daes no� include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, a11 of which, if reguired, shall be �ncorporated by Change Order. § 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposa� a writte� statement of its basis, which shall include the following: .1 A list of the Drawings atld Specifications, including all Addenda thereto, and the Conditio�is of the Contract; .2 A list of the clarifications and assurnptions made by the Construction Manager in �he preparation of the Guaranteed Maximum Pr�ce proposal, inc�uding assutn�tions unde�r Section 2.2.2, to supplement the infornlation provided by the Owner and contained in the Drawings and Specifcations; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the �ork organized by trade categories or systems, allowances, conkingency, and the Construction Manager's Fee; .4 The anticipated date of Substantia� Completion upon which the proposec� Guaranteed Maxiznum Price is based; and .5 A date by which the C�wner must accept the Guaranteed Max�rnum Price. § 2.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal, the Construction Manager sha11 inciude its contingency for the Construction Manager's exclusive use to cover those costs considered reimbursable as the Cost of the Work but not included in a Change Order. § 2.2.5 The Construction Manager sha11 rneet with the �wner and Architect to review the Guaranteed Maximuna Price proposal. In t�le eWent that the �wner and Architect dzscover any inconsistencies or inaccuracies in the �nformation presented, they sha11 promptly notify the Constru.ction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. AIA Document A133T"" — 2009 jformerly A121 T"'CMc — 2003j. Copyright 4199'1, 2003 and 2009 by The American Institute of Architects. All rights reserved. ��t• WARNING: This AIA'� Docurnenk is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA� � Document, ar any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AlA software at 90:39:�0 on 101�3/2017 under Order No.7857367461 which expires on 08/09/2018, and is not for resale. User Notes: (1129407590) § 2.2:fi If the �wner notifies the Construction Manager that the Owner 1�as accepted the Guaranteed Maximum Priee proposa� in writing before the date specified in �he Guaranteed Maxin�um Price proposal, the Gruaranteed Maximum Price proposal shali be deemed effectiv� w�thout further acceptance from the Cans�.ruction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed IVlaximum Price Amendment amending this Agreement, a copy of which t}ae �wner shall provide tQ the Architect. The Guaranteed Maximum Price Amendment shall set fart� the agreed upon Guaranteed Maximum. Price with the information and assumptions upon which it is based. § 2.2.7 The Construction Manager shall not incur a�ny cost to be reimbursed as part of the Cost of the Work prior to the cornrnencement ofthe Construction Phase, u.z�less the Ovcrner provides prior written authorization for such costs. § 2.2.8 The Owner shall authox�ize the Architect to provide the revisions to the Drawxngs and Specifications to incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings an�d Specifications to the Construction Manager as they are revised, The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Pr�ce Amenclment and the revised Dravvings and Specifications. § 2.2.9 The Construct�on Manager sha�i inc7ude in the Guaranteed Maximum P�rice all sales, consumer, use and sXmilar taxes for the Work p�rovided by the Construction Manager that are l�gally enacteci, whether or not yet effective, at the tixne the Guaranteed Maximum Price Amendment is exeeuterl. § 2.3 Construction Phase � 2.3.'1 General � 2.3.'1.'I For pu�-poses of Section 8.1.2 of A201-2047, the date of commencernen;t af th� Work shall mean the date of commencement of the Canstruction Phase. § 2.3.'1.2 The Construction Phase shall camrnence �.pon the Owner's acceptance of the Construction �Vlanager's Guaranteed Maximu�n Price proposa� or the Owner's issuance of a Notice to Proceed, whichever 4ccurs earlier� § 2.3.2 ,Administration § 2.3.2.1 The Work shall be p�rf'ormed under prime contracts between the Owner and the Prime Contractors in accordance vtrith the prime contracts as assigned by t�e Owner to the Construction Manager. § 2.3.2.� If the Guaranteed Maxirntxm Pric� has been established and wben a specific bidder (1) is recor�unended to the Owner by the Construction Manage�, (2) is qualified to perform that portion of the Work, and �3} �aas submitted a bid �hat conforms to the requirements of the Contract Documents w�thout reservations or exceptions, but the C�wner requires that another bid be accepted, then the Constru.ction Manager may require that a Change Or;der be �ssued to adjust the Contract Time and the Guaranteed Maxrmum Price b�r the difference between the bid of the person or entity recoYnrnended to �lie Ovcmer by the Construction Manager and �he amount and time requireme�.� of the subcontract or other agreement actually: signed with �he person or entity designated by the Uwner. § 2.3.2.3 Prime contracts ar other agreements shall conform to the ap�licable payment provisions of this Agreement, and shall not �be awarded on the basis of cost plus a fee without the prior conseni of the Qwner. If the Subcontract is awarded on a cost-plus fee basis, the Constru.ctlan Manager shall pro�ide in the Su�bcontract far the Owner to receive the same audit �ights with regard to the prirne contractor as the Owner receives vc�'ith �regard to the Construction Manager in Sectio�. 6.11 below. � 2.3.2.4 �f the Constructiori Manager recomnlends a specific bic�de� that ma}r be considered a"related part�" accordi�g ta Section 6.10, ther� the Goristruction Manager shall promptly notify the Ow�er �n writing of such relationship a�d notify the Owner of the specific nature af the �on�emplated transaction, according to Section 6.10.2� § 2.3.2.� The Cons�ruction Manager shall schedule and conduct meetings to discuss such matters as pracedures, progress, coordination, scheduling, and s�atus of the Wo�k. The Construction Manager shall prepare and pramptly distribute mi�;utes to the O�cuner and Arch�tect, AIA Document A133T''" -- 2009 (formerly A121 T"'CMc - 20Q3j. Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA� Document is prote�ted by U.S.-Capyright Law and Infiernationa) Treaties. Unauthorized reproduction or distribution of #his AIA� 6 Document, or any portion of it, m�y result in severe civil and criminal penalties, and wiil be prosecuted to the maximum extent possible under the law. :i� This document was praduced by AlA saftware at 10:39:00 :on 10f� 3/2017 under Order No:7857367461 which expires dn 08109/2U1 S, and is not for resalea User Notes: (1129407590} § 2.3.2.fi Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and subrnit to the Owner and Architect a construc�ion schedule for the Work and submittal schedule in accordance with Section 3.10 of A201-2007. § 2.3.2.7 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the �wner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of complet�on and othe�r informatton required by the Owner. The Construction IVlanager shall also keep, and rnake available to the �wner and Architect, a dai�y log containing a record for each day of weather, pariions of the VVork in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents,lnjuries, and other information required by the Owner. § 2.3.2.8 The Construction Manager shall develop a system of cost control for the Wark, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between act�ial and estimated costs and report the variances to the Owner and Architec�t and shall provide this information in its monthly reports to the �wner and Architect, in accordance with Section 2.3.2.7 above. § 2.4 Professianai Services Section 3.� 2.10 of A201-20�7 shall apply to �oth the PY-econstruction and C�nstructi on Phases. § Z.5 Hazardous Ma#er�als Section 10.3 of A20 �-2007 shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER'S RESPONSIBlL1TIES § 3.1 Information and Services Required of the Owner § 3.'1.1 The Owner shall provide infol�rnation with reasonable promptness, regarding requirements for and limitations on the Proj ect, including a written prograrn whxch shall set forth the Owner's obj ectives, constraints, and criteria, including schec�ule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustai�ability and site requirements. § 3.�1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writ�ng that the �wner provide reasonable evidence that the Owner has made financial arrangements to fulf �l the Owner's obligations under the Contract. Thereafter, the Construction Manager may only request such evidence if (1) the Owner fails to make payrnents to the �onstruction Manager as the Contract Documents require, {2) a change in the Work materially changes the Contract Sum, or (3) the Construction Manager identifies in writing a reasonable concern regarding the Owner's ability to rnake payment when due. The �wner shall furnish such evidence as a condition precedex�t to cornmencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the �wner shall not ma�erially vary such financial arrangements without prior notice to the Construc�ion Manager and Architect. § 3.'1.3 The Owne1- shall establish and periodically update the C�wner's budget for the Project, including (1} the budget for the Cost of the WQrk as defined in Section 6.1.1, (2) the �wner's other costs, and (3) reasonable contingencies related to alI of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the �Nor1c, the �wner shall natify tl�e Construction Manager and Architect. The �wner and the Architect, in consul�atian vvith the Construction IV�anager, sha11 thereafter agree to a corresponding change in the Project's scope and qualiiy. § 3.1.4 Struc#ural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Qwner shall furnis� the following infol-mation or services with reasonable promptness. The Owner shall also fumish a�ry other information or services under the 4wner's control and relevant �a the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's wr�tten request for such informat�on or services. The Construction Manager shal� be entitled to re�y Qn the accuracy of infoi-mation and services furnished by the Owner but shall exerc�se proper precautions relating to the safe perforrnance of the Work. § 3.1.4.1 The Owner shall fuY-nish tests, inspections and reports required by law and as otherwise agreed to by the parties, sueh as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. Init. AIA Document A133� -- 2009 (formerly A121 T'"CN1c — 2003). Copyright O 1991, 2003 and 2009 by The Arnerican Ihstitute of Archikects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 7 Document, or any portian of it, may result in severe civil a�d criminal penalties, and will be prosecuted t� the maximum extent possible under the law. 1 This dvcument was produced by AIA software at 10:39:00 on 10/1312017 under Order No.7857367461 which expires on 0810912018, and is not for resale. User Notes: (1129407590) § 3.1.4.2 The Owner shall fui-nish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoin�ng property and structures; designated wetlands; ad�acent drainage; rights-of-way, restrictio�s, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other im�rovements and trees; and infarmation concerning available ut�lity services and l�nes, both public and private, above and be�ow grade, including invei-ts and depths. All the information on t�he survey sha11 be referenced to a Projeet be�chmark. § 3.1.4.3 T'he Oumer, when such services are requested, shall furnish services of geotechnical engineers, which xnay include but are not �imited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, grou.nd corrosion tests and resistivity tests, including necessary operations for anticipating subsoil con�.itions, wi�h written reports and appropriate recommendations. § 3,1.4.4 During the Construction Phase, the O�vner shall fiirnish information or services required of the Owner by the Contract Documents w�th reasonable promptness. The �wner shall aiso fiarnish any ather informatian or services under the: Owner's control anc� relevant to the Construction Manager's performance of the Work with reasonab�e � promptness after receiving the Constructio� Manager's written request for such information or services. � 3.2 Qwner'� Designated Representative The Owner shall identify a representative authorized to act on behalf of the Ov�ner with respect to the Project only as expressly delegated in �vt�riting to the Represer�ta�ive by Owner's Council. The �wner's representative shal� render decisions prorn�tly and furnish information expeditiiously, so as to avoid unreasonable d.elay in the services or Work of t�e Construction Manager. Except as otherwise provided in Section 4.2.1 of A201=200'7, t1�e Architect does nat have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 3.2.'t Legai Requ�rements. '�he Ovvner shall furnish a11 legal, insurance and accounting services, including auditing services, that tnay be reasonably necessary at any time fQr the Praject to �neet the awner's n�eeds and interests. § 3.3 Architect The �wner shall retain an Architect to provide serviees, duties and responsibilities as described in AIA Document B 143TM-20�7, �tandard Form of Agreement Between �wner and Architect, including any additional services requested by the Construct�on Manager that are necessary for t�he Precoz�struction and Construction Phase services under this Agreement. The Owner shall provide the Construction Manager a copy of the executed a,greerr�ent betvc�een the.Owner and the Architect, and any further modifications to the agreement. ARTICLE 4 Ct3MPENSATION AND PAYMENTS FOR RRECt�NSTRUCTiON` PHASE SERVICES § 4.1 Compensation § 4.'1.'1 For the Construction Manager's Preconstru.ctio� Phase serv�ces, the Owne.t shall compensate the Constr�.�ction Manager as follows: § 4.'1.2 For the Construc�ion Manager's P�reconstruction Phase services described in Sections 2.1 and 2.2: (InseY� amoun� of; or basis, for, eampensation and ilzclicde a Zist of Yeimb�rsable cost iierns, as applieable.) Fee for preco�struction services will be $16,366.4� as described in the attached Exhibit A. This preconst�ction fee incluc�es all work necessary to complete all precons�ruction services per the terms of this contract, including the public bidding process of a11 requ�red bid pacl�ages. A1so included is the review and qualification of receivec� bids and subsequent recommendations to �he city council for award of each bid category, Also included is the preparation of the prop�sed guaranteed. maximum price for the project, based upon this contract values of the recommended contractor award. � 4.'1.3 rf the Freconst�ructxon Phase serviees covered by this Agreement have not been com.pleted within six ( 6} months of the date of this Agreernent, through no fault of the Construction Manager, the Construc�ion 1Vlanager's con��ensation for Precoristruction Phase services shall be equitably adjusted. § 4.1.4 Compensation based on Dzrect Fersonnel Expense zncludes �he direct salaries of the Construction Manager's personnel pro�ri ding Preconstruction Phase services on the Proj ect and the Construction Manager's casts for the AIA Docurnent A133T"" — 2009 (formerly A121 "�"CMc — 2003j. Copyright O� 99'1, 2003 and 2009 by The American` Institu#e of Architects. All rights reserved. Init. yyARNING: This AIA� Document is protected by U.S. Copyrighf Law and lnternational Tceaties. Unauthorized reproductEon or distribution of this AIA� Document, or any portion of it, may result in severe civil and criminal penalties, and wiil be prosecuted to the maximum extent possible under the law. � This document was produced by AIA`software at '10:39:00 on 10/13/20�7 under Qrder No:7657367�6� which expires on 08/09I2018, and is not for resale. User Notes: {1129407590} mandatory and custom.ary contri�6ut�ons and benefits related thereto, such as emplcayment taxes and other statuto�y emptoyee benefits, insurance, s�ck leave, holida�s, vacations, employee retirement plans and similar contributianst § 4.2 Payments § 4.2.1 Unless otherwise agreed, payments for services shall be m�ade monthly in proportion to services perforrned. § 4.2.2 Payments are due an+d payable upan presentation of the Construction Manager's xnvoice. Amounts unpaid sixty t 50 ) days after the invaice date shall bear i�terest at the rate entered below, or ir� the absence thereof at the legal �ate prevailing from time to time at the principal place af business of the �onstruction Manager. �InseYi r•ate of monthly or annual inte�es� agreed upon. j 12 %o per anu�m . ARTICLE 5 CC�MPENSATION F{3R CqNSTRUCTIUN PHASE SERVICES § 5.1 For the Cons#ructian Manager's perforrnance of the V�ork as described in S�ction 2,3, the Qwner sha11 pay the C�z�struction Manager �e Cantract Su�n in cur�:ent fcinds. 'The Contract Sum is the �ost of the �ark as defined in Section 6.1.1 plus the Construction Manager's Fee. � 5.1.1 The Cons�ruction IVlanager's Fee; (State ct lump sum, peYcentage of Cost of the :�ork or atheY pYovisian for det�rmxning the �'onstruetior� Manager's ,�ee.) ` The construction management fee �v�� be �.25%0 of the total construc�ion cost of the proj ect. � 5.1.2 The method of adjustment of the Construction Manager's Fee for changes in the �Nork� Any c�vvner �irected scope change wiil be performed at a fee percentage of 5%. Any additional costs paid for by the project contingency will be completed at fee percentage of 2:25%n: §�.1.3 Limitatio�is, if any, on a Subeontractar's overhead and profit for increases in �h� cost of its pottion of tlae Work: Limits on Prime Contractors overhead and profi� will be as stated in the specifications af the contrac� docu�nents. § 5.1.4 Rental rates for Constru.ctxon Manager-ovc�ned equipment shall not �xceed setrenty five percent percent {75 %) of the standard rate paid at the place of the Proj ect. § 5.1.5 Unit pnices, if any; ��denti. fy and state the unit p�ice; state the quantit�� limi�atians, if any, to which the unit price will be applicable.} Item Units �r�d Lirnitatians Price per Unit {�0.0�} NlA §:5.2 Gua�ranteed Maximum Price § 5.2.1 The �onstructian Nianager guarantees that the Contract Sum shall not exceed the �'ruarant�ed Maximum Price s�t forth in the Guara�teed iVlaxinn�um Price Amendrnent, as it is amended from time to time. To fihe extent the Cost of the Work exceeds the Guaranteed Maximum Price, the �onst�ruction Manager shall �bear suchi costs in excess af the Guaranteed N�a�ilnum Price w.�thout reimbursexnent ar additional compensatiQn from the Ciwner. (Insert specif c p�•ovisions if the Construction �IanageY is to pa�ticipate in a�zy savings.) Contractor will not participate in any savings. A�� project sa�ings will be returned 10�°/a to the owner. § 5.2.2 The �'ruaranteed Maxim;uxn Price is subject to additions a�ad deductions b� Change Order as. provided in the Contract Documents and the Daie of Substantial Completion shall be subject to adjustment as pravided in the Contract Documents. . A�A Document A1337N' -- 2009 �fortnerly A:129 T"'CMc — 20�3). Capycight CJ 199� , 2003 and 2009 by The American Institute of Architects. All rights reserved. ��t• W�4RNING: This AIA�' Document is protec#ed by U.S. Copyright Law and Internationat Treaties. Unauthorized .reproduction dr distribution of this AIA� 9 Document, or any portion of it, may result in se�rere civil and criminal penalties, and will be prosecuted to the rnaximum extent possible under the iaw; l This document was produced by AlA software at 10:39:00 on 'I OI13/2Q� 7 under Order No.76573674fi'I which expires on 08/0912�16, and is not far resale. User Notes: (112940759Q) § 5.3 Changes in the Work § 5.3.1 The 4wner n�ay, without invalidating the Contract, order changes in the Work within the general scope of the Cantract consisting af additions, deletions or other revisions. The C)wner shall issue such changes in writing. The Architect may make minor chaz�ges in the Work as provided in Sect�on 7.4 of AIA Document A201-2007, General Conditions of the Contract for Construction. The Consiruction Manager shall be entitlecl to an equitable adjustment in the Contract Time as a result of changes in the Work. § 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of t1�e Guaranteed IVlaximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document A2Q1-2007, General Cond�tions of the Contract for Constz-uction. § 5.3.3 In calculating ad�ustments to subcontracts (except those awarded v�ith the Owner's prior cansent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201-200'7 and the term "costs" as used in Sectxan 7.3.7 of AIA I}ocument A20 �-2047 shall have the meanings assigned to them in AIA Document A2�1 2007 and shall not be modi�ed by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustmeri�s to subcontracts awardec� vvith the Owner's prior consent on t�.e basis of cost plus a fee shall be calculated in accorc�ance with the terms of those subcontracts. § 5.3.4 In calculating adjustments to t�e Guaranteed Maximum Price, the terms "cost" and "costs" as used in the above-�,eferenced pro�isions of AIA D�cur��ent A201-200'1 sha�l mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall mean the Canstruction Manager's Fee as defined in Section 5:1 af this Agreement. § v.3.� If no specific provxsion is made in Section 5.1.2 for adjustme�t of th�e Construction Manager's Fee i� the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that app�ication of the adjustment provisions of Section S.�.Z will cause substantial inequity to t�e Owner or �onstruction Manager, the Construction Manager's �'ee sha11 be equitably adjusted on the same basis tha� was used to establish the Fee for the original �Tork, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 6 COST �F TN� 1�Vt�RK F�R CONSTRUGTItJN PHASE § G.1 �osts to Be Reimbursed § fi.1.'( The term Cost of the Work shall mean costs necessa�ily incurred by the Construction Manager as set forth in Exhibit B to t�h.is Agreement, except for the item identif ed as "Contractor's Fee," anc� shal� not exceed the amounts Iisted as General Conditions Costs and Reimbursable Expenses in Exhibit A to this agreement. §�.'1.2 'VUhere any cost is subj ect to the Owner's prioz ap�rovaT; the Construction Manager shall o�btain this approval prior to incurring the cost. The parties shall endeavor to identxfy any such costs prior to executing Guaranteed Maximum Price Amendment. � 6,2 Labor Casts § 6.2.'� �Vtlages of staff direct�y emplo�ed by the Coris�ruction: Ma�ager to perform temporary support Work at the site as budgeted iz� line item "General Requirements" in Exhibit A to the Contract. � 6.2.2 Wages or salaY-ies: of the Construction Manager's supervisory and administrative ��rsonnel ,t7vhen stationed at the site with the 4wner's prior approval. (If i� is in�ended that the wages o� sal'aries of certain pe�,sonnel stationed a� the ConstYuction .ltl'anaget�'s pYincipal ar other of�ees shall be ir2cluded in the Cost` of �he Tfi�ot•k, idet�ti, fy in Section .t 1.5, the pe�-soniZel to be inclLtded, whether, fo� all o� o��ly par•t of'theit- time, and the �ates at whieh thei�• time wirl be clzarged to the �o��k.) � �Pa��,��r�h" deleted) .. § fi.2.4 Costs paid ar incux red by the Construction Manager for taxes, insurance, contz-ibutions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, cust�mary benefits such as sick leave, medical and heaith benefits, holidays, vaca��ons and pe�sions, provided such costs are based on wages and salaries included in the: Cost of the Work unde�r Sections d.2.1 through �.2.3. � �PaYc�graph deleted} _ AIA D"ocument A133TM - 2i109 {fotmerly A121 T"'CNfc — 2003). Copyright CJ '1991, 2003 ar�d 2009 by The American Institute of Architects. All rights reserved. Init. vyARNING: This alA� Dvcument is protected by U.S. Copyright La�w and International Treaties. Unauthorized repr+�duction or distri6ution of this AIA� 1� Document, or any porkion of it, may resutt in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the lawt � This document was produced by AfA software at 10:39:00 an 10113/20� 7 under Order No.7657367461 which expires on 08/09/2018, and is not for resale� User Notes: {1129407590) § �.3 Subconiract Costs Payme�ts made by the Construction IVlanager to Subcontxactors in accordance vtjith the requirerrlentis of the subcontracts. �Pa�"��'�'hs deleted) §�.5 Costs of Qther Materials and Equ�pment, Temparary Facilities and �te�a�ed ltems §�.5.1 Costs af transportation, storage, installatian, maintenance, dXsmantling and removal of materials, suppties, temporary facilities, machinery, equ�pment and hand tools not customarily owned by construction workers that are pro�ided by the Construction Managex at the site and fully consumed in the perfarma�ce of the �Vork. �osts of materials, supplies, temporary facilities, machinery, �quiprrlent and tools that are not fully consumed sha�1 be based on the cost ar value of the item at the �ime it is first used on the Project site less the value ofthe itern when it is no tonger used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § fi.5.2 Rental charges fo� ternporary facilities, machine�►�y, equipment and hand tools not customarily owned by construction workers that are pravided by the Constructio.� Manager at the site and costs of transportat�or�, i�nstallation, minor repairs, dismantling and removal. The tfltal rental cost of any Construct�on Manager-owned item may not exceed the purc�hase price of any comparab)e item. Rates of Construc�ion Manager-ovcmed eguipment and quantities of equip�nent shall be subject to the CJwner's pr�o�- approval. �:fi.5.3 Costs of rernaval of debris from the site of the Work and �ts proper and legal disposal. §�6.�.4 Costs of document repr�ductions, facsimile transmissions and long-distance tetephane calts, postage and parce� delivery charges, telephone service at the site and xeasonable petty cash expenses of the site office. § fi.5.5 That portion of the reasonable expenses af the Construction Manager's supervisory or administrative personnel incurred wh�1e traveling in diseharge of duties connected with the �Vork. § fi.5.6 Costs af materials and equipme�ai suitably stored off the site at a mutually acceptable location, sub�ect to the �wner's prior approval. § �.6 Miscellaneous Costs §�.6.1 Premiums for that partion of i�surance and bonds required by #.he �ontract Documents that can be directly at�ributed to this Contract. Self: insurance far either fu11 or par�ial amounts of the coverages required by the Contract Documents, with the Owner's prior appraval. � fi.6.2 Sal�s, use or similar taxes �rnposed by a gouernrnental authority that are retated to the Work and for whYch the Constructian IVlanager is liab�e. � fi.S.3 Fees and assessments for t�ie bui�ding permit anc� for other permits, lice�ases and inspections for which the Constructton Manager is required by the �ontra.et Documents to pay. §.�.fi,4 �'ees of laboratories for tests required b� t�he Contr�act Documents, except those related to defective or nonconforming Work for whieh reirnbursement is excludet� by Section I3:5.3 ofAIA Document A201-2007� or by other provisions of the Contract D�cu�nents, and which do nat fa�l v�ithin the scope flf Seetion 6.7e3. § 6.f�.5 Roya�ties and license fees paid for the use of a particular design, pr�ocess or product required by the Contract Docume�nts; the cost of defending suits or claims for infringementi �f patent rights arising from s�ch requirement �f the Contract Documents; and payrnen�s made in accordance vvith lega� judgments against the Construction Manager resulting frotn such suits or claims and pa�rnents of settlernents made with the �wner's consent, I�owever, such costs of legal defe�ses, judgn�ents and settlem.ents sha11 no� be �ncluded in the cal�ulation �af the Construction Manager's Fee or subject to t�e Guaranteed Maximum Price. If such �oyalties, fees and costs are �xcluded by the tast sentence of Section 3.17 of AI,A. Docu:ment A201-2Q07 or other provisions of the Contract Documents, then they shall `not be included in the Cost of the Wt�rk. § fi.�.� Costs for electranlc equipment and softwa�re, directly related to the 'VVork �ith the Owner's prior approval. . AtA Document A'133''"' — 2009 (formerly A'121'""'CMc -- 2003�. Copyright O�1991, 2003 and 2009 by The Arnerican It�stitute oF Archikects. All rights reserved. Init. �ARNING: This A�A� Document is protected by U.S. Copyright �aw artd lnternational Treaties. Unauthorized reproduction or distribution of this AIA� ,� ,� Document, or any portion o� it, may resulfi in sevefe civil and criminai penalties, and will be prosecuted to the maximum exfent possible under the law. � This document was produced by AlA software at 10:39:0a `on 10/1312017 under Order No.7657367461 wt�ich expires on 08/09�20Z 8, and is not for �-e�ale. User Notes: (1129407590} § 6.6.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. § fi.6.8 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from dis�utes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasonably withheld. § fi.fi.9 5ubject to the OvcTner's prior approval, expenses incurred in accordance with the Constru.ctio� Manager's standard written personnel policy for relocation and temporary li�ing allowances of the Construct�on Manager's personnel required for the Work. § fi.7 Oth�r Costs and Emergencies . § fi.7.1 Qther costs incurred in the performance of the Work if, �.nd to Che extent, approved in advance in writing by th.e Owner. ��.7.2 Costs lncurred in #aking action to prevent threatened damage, injury or loss in case of an emergency affecting #he safety of persons and property, as provided i� Section 10.4 of AIA Document A241-2007. §$.7.3 Costs of repairing or correcting damaged or nonco�forming Work executed by t�ie Constructio� Manager, Subcantractors or suppliers, provided that such damaged ar nanconformi�g Work was not caused by negligence or failure to fulfill a specific respansibility af the Construction Manager and on�y to the extent that the cost of repair or correction is r�ot recovered by the Construct�on Manager from insurance, sureties, Subcontractors, suppliers, or others. §�.7.4 The costs described in Sections 6.1 through b.7 sha11 be zncluded in the Cost of the Wo�k, notwithstanding any provision of AIA Document A201--20�7 or o#her Conditions of the Cor�tract which may require the Construction Manager to pay such costs, unless such costs are excluded b� the p�-ovisions of Section 6.8. § fi.g Costs Not To Be Reimbu�sed §�,�.1 The Cost of the Work shall not include the iterns listed be�ow: .'I Salaries and other compensation of the Construction Manager's persor�nel stationed at the Construction Manager's principal office ar offices other than the site offce, except as specifically provided in Section 6.2, or as may �e provided in Article 11; .� Expenses of the Construction Manage�-'s principal office and offices other than the site office; .3 Overhead ar�d gener�l expenses, except as may be expressly included in Sections b.1 to 6.7; :4 The Construction` Manager's capit�.1 `expe�ises, including interest on the Co�struction Manager's capital employed for the �1V ork? ,5 Except as provided in Section b.7.3 �f this Agreement, costs due to the neg�igence or failure of the Canstruction Manager, Subcontractors and suppliers or anyone directly or ind�rectly employed by any of them or for whose acts any of t1�em may be liable to fulfill a specific responsibility of the Contract; .fi Any cost not specifically and expressly described in Sections 6.1 ta 6.'7;. .7 Costs, other than costs included in Change 4rders a�proved by the Qwner, that would cause the Guaranteed Maximum Price to be exceed�d. § �.9 Discounts, Rebates and Refunds ��i.9.'I Cash discou.nts obtained on payments made by the Construction Manager shall accru.e to the Owner if �1) before making the payment, the Construction Manager included them in an Application for Payxnent and xeceived ��yment froxn the Owner, o� (2) the :Owner has deposited funds with the Construction Manager with which to make paymenfs; otherwise, cash discounts shall accrue to the Constru.c�ion Manager. Trade discounts, rebates, refunds and a�nounts �received from sales of surplus materials a�d equipment shal� accrue to the Owner,: and the Construction 1Vlanager sha11 make�pxovisions so that they can �be obtair�ed. § fi.9.2 Amounts that accrue to the {Jwner in accordance with the provisions of Sectro� fi.9.1 shalt be credited to the f�wner as a deduction from the Cost of the Work. . AIA Document A133'TM -- 2009 (formerly A121 T"�CMc — 2003). Copyrlght (O 1991, 2003 and 20Q9 by The Arnerican Institute of Architects. All rights reserved. Init. y�ARNING: This AIA� Document is protected by [J.S. Copyright Law and lnternativnal ?reaftes. Unauthorized reproduction ar distribution of this AIA° ,�� . Document, or any portion of it, may result in`sever� civil and crimina! penatiies, and will be prosecuted to the maximum extentpvssible under the law. � This document was produced by AIA software at 1 Q:39:Q4 an � 011312017: under Order No:7857367461 which expires on 08109/2�1 S, and is not for resale. User Notes: �1129407590} § G.� 0 Related Party Transacti�ns § fi.'10.1 For purposes of Section 6.10, the term "related party" sha�l mean a parent, subsidiary, affiliate or other entity having common ownership or managem.ent vvith the Construction Manager; any entity in which a�y stockholder in, or management employee of, the �onstruction 1Vlanager awns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the busYness or affa�rs of the Construction Manager. The term "related party" includes any rr�ember af the immediate family of an}r persan ldentified`above. §�.10.2 If any of the costs to be reimbursed arise from a transactiQn between the �onstructian IVlanager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplat�d transaction, including the identity of the related party and #he anticipated eost to be incurred, before any such transaction is co;nsummated or cost incurred. If the Owner, after such notification, authorxzes the proposed transact�on, then the cost incurred shall be included as :a cast to be rei�nbursed, and the Construction Manager shall procure the Work, equlp�nent, go�ds or service fram the related party, as a Subcontractor, according to the terms of Sectians 2.3.2.1, 2.3 .2,2 and 2.3.2.3. If the Own�er fails to authorize the transaction, the Construction IVlanager sha11 pracure the 'V�ark, equipment, goods or ser�ice fram so�rne person or entity ather than a related party according to the terms of Sections 2.3.2e1, 2.3.2:2 and 2.3.2.3. § fi.� 1 Accoun#ing Recards The �onstruction Manager shall keep full and detazl�d records and account� related to` the cost of the �U'ork and exerclse such controls as may be necessary for p1 oper financlal n�anagement under this Co�tract and to substantiate all costs incurred. The accow�ting and control systems sha1.1 be satisfactory to the Qwner. T�e Qwner and the 4vc�ner's auditors sha11, during regular business hours and upon reaso�.able notice, be afforded access to, and shall be pe�zni�ted to audit and copy, the Construction Manager's records and accounts, i�cluding con�p�ete docuxnentation supporting accounting entries, books, carrespondence, instrt�.ctions, drawings, receipts, subcontracts, Subcontrac�or's proposals, purchase orders, vouchers, memoranda and other data relating to this Ce�ntract.:The Construction Manager sha11 preserve these xecords far a period of three years after �nal payment, or for such longer period as may be required by law. ARTIGLE 7 PAYM�NTS F�R CGINST�tUCTION PHASE SERVICES § 7.1 Progress Payments § 7.1.1 Based upon Ap�licatiaris for �'ayment submitted to the Architect by the Construction Manager anc� C�rtificates far Payment issued by the Architeet, the Owner shall make �rogress payments vn acco�nt of �he Contract Sum ta �he Construction Manager as pro�ided below and elsewhere in the Contract Doc�ments. § 7.1.2 The period covered by each Application for Payment shall b� orie calendar rnonih ending on the last day of the month, or as follows: § 7."1.3 Provided that an Ap�licatian for Payment is `received by the Architeet �ot later than the 10th c�ay �f a m.onth, the Owner sha11 make paym�nt of the certif ed amaunt ta the Constructio�n Manager not iater than ihe 1ast. day of the same month�. If an Application for Payment xs received b� the Architec� after the application �ate fixed above, payrnent shall be made by the Owner not later than thirty { 30 j days after the Architect receives the Application for : Payme�.t. ��'ederal, state ot• tocal laws may �equire payrnen� within. a ceYtain:periad of time.� § 7.'1.�4 �Uith each Application for Payme�t, the Construction Manager sha11 submit payrol�s, pett�r cash accounts, recei��ed invoices or invoices with check �ouchers atfiached, and any other evidence required �by the C�vt�ner or Architect to demanstrate that cash disbursements aiready made by �he Construction Manager on account af the Cost of the Work equal or exceed progress payments already received b}� the Construction IV.ianager, less that portion of those payments attributable to the Construction Manager's Fee, plus payrolls for the period eovered by the present App�xcation for Payment. § 7.'�.5 Each Application for Paynlent sha11 be based an the most recent scheduie of va�ues submitted by the Cons�t-uction Managez: in accordance wit.�i the Contract Dc�cuments. The schedule of �alues sha�l allocate the entire �''ivaranteed Maximum Price among the various portxons of the VV'ork, except that the C�nstruction Manager's Fee shall be shawn as a single separate item. The schedule af vaiues shall be pxepared in such form �.nd supported by _ AIA Document A'1337M -- 2�09 (forrnerly A121 T"�CMc — ZOQ3), Copyright O 1991, 2003 and 2009 by The American Institute of Architects, All rights reserved. lnit: �yARN1NG: This AIA� Document is protected by U,S. Copyright Law and International Treaties. Unauthorized reprod�ction or distrib��n of this AIA� . �� Document, or any po�tion o� it, may result in severe civil and crimina) penaities, and will be prosecuted to the maxirnum extent poss�� under the law. 1 This document was prvduce� by RiA software at 10:39:00 on 10113I2017 under arder No.�657367461 which expires-on 08/0912�18, and is not for resale. User Notes: (1129407590) such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Canstruction Manager's Applications for Payment. § 7,1.fi Applications for Payment sha�� show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Paym,e�t. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2� the percentage abtained by dividing (a) the expense that has actually been incw-red by the Construction Manage� on account of that.portion of the �Vark for which th� Construction Manager has made �r intends ta make actual paytnent prior to the next App�ication for Payment by {b) the share of the Guaranteed IV�aximum Price allocated to that portion of the �Vork in the schedule of values. § 7.'1.7 Sub�ect ta other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the �uaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completio�n of each portion of the Work by the share of the Guaranteed Maximuxn Price allocated to that portion of the Wo�k in t1�e schedule of values. `P�nding fnal �.etermination of cost to the Owner a� changes in the Work, arr�ounts not in dispute sh all be included as provided in S ecti on 7.3 . 9 of AIA Dacurnent A201-2007; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equiprnent � delivered and suitably stored at the site for subsequent incorporation �n the Vtlork, or if approvet� in adva.nce by the Owner, suitably stored off the site at a locatian agreed upon in writing; .3 Add the Canstru:ction IVlanager's Fee, less retainage of percent (%o). The Construction Manager's Fee shall be computed upo� the Cost of the Work at the rate stated in Section 5.1 or, if the Co�astruction Manager's Fee is stated as a fixed surn in t�aai Section, shall be an aznount that bea�s the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract :retainage of f ve percent ( 5%) from t�at portior� of the Work that the Constructio� Manager self-performs; .5 Subtract the aggregate of: previaus paynlents made by the Owner; � .� Subtract the shortfall, if any, ir�dicated by the Constr-izction Manager in the documentation xequired by Sectzon 7.1.4 to substantiate prior App�ications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in su�h docu�mentation; and .7 Subtract amounts, if any, fo�- w�.ich the Architect has withheld or nullified a Certificate for Payment as provic�ed in Sectian 9.5 of AIA Document A201--2�07. § 7.'1.� The (�wr�er and Constructian Manager shal� agree upon {1) a Ynutually acceptable procedure for reuiew and approval of payments to 5ubcontractors and �2} the pe�:centage of retainage �.e�d on Subcontracts, and the Construction IVlanager shall execute subco�.tracts in accordance with �hose agreements. § 7.1.9 Except with the Uwner's prior a�aproval, the Construction Manager shall not r�lake advance payments to suppllers for materials or equipment which have not been delivered and stored at the sxte. §?.'1.10 In taking action on the Construction Manag�r's Applicatio;�s for Payment, the A.rchitect s�hall be entitled to reiy on the accuracy and completeness of the information fu�-n�shed by the Construction Manager and shall not be deemed to represent that the Architect has made.a detailed examiriation, audit or anthmetic verifica�ion of the documentation submitted in ac�ordance with 5ectio� 7.1.4 or other s�xpporting data; that the Architect has rnade exhaustive or co�.tinuous on-site inspections; or tllat t�ie Architect has made examinations to aseertain how or for r�vhat purposes the Constru.ctio�: Nlanager has used amounts previously paid on account of the Contract. Such examinations, audits anc�.. verifications, if required by �he fJwner, wi11 be perfarmed by the �Jwner's auditors acting in the sole interest of the �wner. § 7.2 �'inal Payment § 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be znade bythe Owner to t�ie Construction Manager when .1 the Constru.ctian Manager has fu�ly performed the Contract except for the Construction Manager's responsibili�y to correct Work as provided in Section 12.2.2 af AIA Document A201--2�Q7, and to satisfy other requirements, if any, vcrhich extend beyond final payment; _ . AIA Documetrt A133T'�' — 2009 (formerly A1217N'CMc — 2003}. Copyright O 1991, 2003 and 2009 by The Arnerican Institute of Architects. All tights reserved. In�t. yUARNING: This AIA`g' Document is protected by U.S. Copyright Law a�d International Treaties. Unauthorized:reproduction or distribution of this AIA� ,� 4 Document, or any portio� of it, may resul� in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the �aw. �ii This:`document was produced by AlA software at 10:39:00 on �I Q11312017 under 4rder No.7857367461 which expires on 0810912018, and is not for resale� User Notes: t�'129�07590) .2 the Construction Managei- has submitted a final accounting for the Cost of the Work and a final Application for Payrnent; and .3 a final Certificate for Payment has been issued by the Architect. The Uwner's final payment to the Construction Manage� shall be made no �ater than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: § 7.2.2 The Owner's auditors wi11 �eview and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accaunting to the Architect by the Construction 11/�anager. Based upon such Cost of the Work as the �wner's auditors report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's au�itors, either issue to the �wner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and 4wner in Writing of the Architect's reasons for wi�hholding a certificate as provided in Section 9.5.1 of the AIA Document A201-2�07. The time periods stated in this Se�tion supersede those stated in Section 9.4.1 of the AIA Document A201-2007. The Architect is not responsible for verifying the accuracy of t�e Construction Manager's final accounting. § 7.2.3 �f the Owner's auditors report the Cost af the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201— 2007. A request for mediation shall be made by the Co�struction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's final Certifccate for Payme�nt. Failure to request mediation within this 3�-day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Construction Manager. Pending a final resolution of the dispu#ed amount, the Qwner shali pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. § 7.2.4 If, subsequent ta f nal payment �nd at the �wner's request, the Construction Manager incurs costs described in Section 6.1.1 and not excluded by Section 6.8 to correct defective or noncanforming �ork, the Owner shall reimburse the Construction Manager such costs and the Consiruction Mar�ager's Fee applicable thereto on the same basis as if such casts had been incurred prior to final payrnent, but not in excess of the Guaranteed Maximum Price. If the Const�uction Manager has participated in savings as provided in Section 5.2.1, the amount of such savings shall be recalculated and appropriate credit given to the 4wner in determining the net amount to be paid by the (�wner to the Construction Manager. ARTICLE 8 INSURANCE AND BONDS For aIl phases of �he Project, the Constru.ctian Manager and the 4wner shall purchase and maintain insurance, and the Construction iVlanager sh�ll provide bonds as set forth in Article I 1 of AIA Document A201-2007. (S`tate bonding Yequirements, if any, and limits o, f liability fo� insu�'ance Yequi�ed in A�ticle 11 of �1I�1 Document A201 2007.) Type of Insurance or �ond -Payment and Performance Bond -RJM General Liability insurance policy -Builders Risk policy to be provided by Contractor Limit of Liability or Bond Amount t$0.00� 100% of contract arnount ARTICLE 9 DISPUTE RESt3LUTI0N § 9.'I Any Claim between the Owner and Construc#ion Manager sha11 be �esolved in accordance with the provisions set forth in this Article 9 and Article 15 of A201-2007. However, for Claims arising from or relating to the Construction Manager's Preconstruction Phase services, no decision by the Initial Decision Nlaker shall be required as a condition precedent to rnediation or binding dispute resolutiori, and Section 9.3 of this Agreement shall not apply. § 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A201— 20a7, the rnethod of binding dispute resolution shail be as follows: Init. ��A Document A133�"" — 2009 {formerly A121 �'�"'CMc — 2003). Copyright O 199�, 2003 and 2009 by The Arnerican Institute of Architects. All rights reserved. VIlARNING: This AIA Document is protected by U.S. Copyright Law and International Tr�aties. Unauthorized reproduction or distribution of this AIA� 15 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. I This document was produced by A!A software at 10:39:00 on 10/1312017 u�der Order No.7857367461 which expires on 08/�9/2018, and is not for resale. User Notes: t11294Q7590) ��`heek the appropriate box. If the Owner and Constrtcciion 1V,�anage� do �zat select a method o, f bi�zding dispute resolutran below, ar� do noi subsequently agree in writing to a binding c�ispute resolution method other than litigation, Claims will be Yesolved by litigation in a couYt a, f competent jurisdiction.) [] Arbitration-pursuant to Section 15.4 �af AIA Document A201-2007 [ X] Litigatia� in a court of competent jurisdiction [ ] (�ther: (Speeify� § 9.31nitial Decision Maker The Architect wi1� serve as the Initial Decision Maker pursuant to Sec�ion 15.2 of AIA Document A201-2407 for Claims arising from or relating to the Construction Manager's Construction Phase services, unless the parties appoint below another indi�vidual, not a party to the Agreement, to serve as �he Ynitial Decision Maker. (If the pa�ties mutually agree, il�sert �he narne, address and other contact ir�fo�mation af �the Initial Decision Maker, i�f'other than the.A�chitect.} ARTI�LE 10 TERMINATION :OR SUSPENSION § 10.1 Termination Prior to Establishment of the Guaranteed Maximur�t Price § 10.1.'1 Prior to the execution of the Guaranteed Maximum Price Amendment, the 4wner may terminate this Agreement upon not less t�an seven days' �n�itten notice tn the Construct�on Manager for the Qwner's convenience and without eause, and the Canstruction Manager rrzay terminate this Agreement, upon not less than seven days' written �notice to the 4wner, for the reasons set forth in Section 14.1.1 of A201 :2Q07, §'10.1.2 In the �vent of terxnination of this Agreement pursu.ant to Section 1Q.1.1, the Constructian Manager shall be equitabl�r cornpensate�. for Preconstruction Phase services performed prior to receipt of a notice of termination. In nv event shall the Constructian Mariager's compe�sation under this Section exceed the compensation set forth in � Sectian 4.l . �'� O.�i.3 If the Ovcmer terminates the Contract pursuant to Section 10.1.1 after the cornmencement of the Construction Phase but priar ta the execution of th.e Guaranteed Maxirnum Price Amendment, the Owner sha11 pay to the Const�uction Manager an amount calcula�ed as follows, which arnount sha11 be in addition to any compensation paid to the Construct�on Manager under Section 10.1.2: .1 Take the Cost of the '�ork incurred by the Constructior� Manager to the date of terr�i�tlation; .2 Add t�ie �anstruction Manager's Fee computed u�on the Cost of the Work to the r�ate of termination at the rate stated in Section S.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, an a�z�.ount that bears the.same ratio to that fixed-sum Fee as the Cost of the Work at the tune of termination bears #o a reaso�able estimate` of the probable �ost of the Work upon its compietion; and .3 Subtract the aggregate of p�evious �ayments made b� the �vvne� for Construction Phase services. The �Jwner sha�l also pay the Construction Manager fair compensation, either by puzchase or �rental at the election of the Owner, for any equipmen� owned by t�e Construction Manager which the �wne� elects to retain and which is not othe�wise included in the Cost of the �Vork under Section 10:1.3.1. To the extent that the Owner elects to take legal assignm:ent of subcontracts and purc�.ase arders �includi�.g rental agreements�, the Construction IVlanager shall, as a condition: of receiving the payznents `referred to in this A.rticle 10, execute and deliver all such papers and iake al1 such steps, including the legal assig�nment of such subcontracts and othe�r contractu.al rights of the Construction Manager, as the (�wner may require for fihe purpose of fully vesting in the (�wner the rights and benefits of the Constructian Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and renta� __ _ . AIA Qocument A133T"" — 2009 (formerly A121 T"' CMc - 2003j. Copyright O 1991, 2003 and 2009 by The American Institute of Architects. Atl rights reserved. ��' WARNING: This AIA� Document is protected by U.5. Copyright Law and {niernationai Treaties. Unauthorized reproduction or distribi��n of this AIA� 1 s Document, or any portion of it; may result in severe civil and criminal penalties, and witl be prasecuted ko #he rnaxit��um extent possi#�� under #he law. � This documentwas produced by AIA software at 10:39:04 on 10�1312017 under Order No.7857367461 which expires on 08109/2018; and is not forresale. User Notes: {112940759U} agreements entered jnta by the Constructivn Manager will contain provisions altowing for assignment to the O�mer as described above. If the Owner accepts assignment of subco�tracts, purc�ase orders or rental agreements as described above, the Qwner wi�l reirnburse or inde�nnify the Construction Manager for all costs ar�sing under the subcontract, purchase order or rentai agreement, if those costs would have been reimbursabie as Cost of the Work if the contract had not been te�nninated. if t1�e Owner chooses not ta accept assignment of any subcontract, purchase order or rental agreemeni that would haue constituted a Cast of the V�ork �ac� thxs agreement not been termina#ed, the Constru.etion IVlanager will terminate the subcontract, pur�hase order or rental agreement a�d the Owner will pay ��ie Construction Manager the costs necessarily incurred by the Construction Manager because of such terminatio�. §� Q.2 Termination Subsequent to Establishing Guaranteed Maximum Price Follawing execution of the Guaranteed Maximum Pr�ce Amendment and subject to the provisions of Section 10.2.1 and � 0.2:2 below, the Contract may be terminated as provided in Article 14 of AIA Document A2� �-2047. � 10.2.1 If the tlwner term�nates the Contract after executian of the Guaranteed Maximum Price A.�m�n�ment, the amount payable to the Constru.ction Manager pursuant to 5�ctions 14.2 and 14.4 of A241-2�07 shal� not exceed the a�n.ount the Constru.ctian Manager would otherwise have recei�ed pursuant ta Sections 10.1.2 and 10.1.3 of this Agreement. § 1�.2�2 If the Construction Mana,ger terminates the Cantract after execution of the Guaranteed Maximum Price Ann.e�.dment, the amount payable to t�e Construction Manage�r under Section 14. l.3 of A241�-2�07 sha�l not exce�d � the amount the Constn�.c�ion Manager would otherv�ise have recexved under Sections l U.1.2 and 10.1.3 above, except that the Construction ZVlanager's Fee shall be caiculated as if the Wark had been fully completed by the Construction Manager, utililing as necessary a reaso�able estimate of the Cost of the �Vork for Work nat actually campleted, § �0.3 Suspension The Work may be suspended by the t�vcrner as provided in .Article �.4 of AIA Document A241 2Q07. In such case, the Guaranieed 1Vlaxirnum Price and Cantract Time shall be increased as provided in Section 1�4.3.2 of AIA Document A2U1-2007, except that the term "profit"' shall be understood to mean the Construction Manager's Fee as described in Sections S.1 ar�d 5.3. S af this Agreeme�t. ARTICLE 11 MISCELLANEtJUS PROVISI�NS � 11.1 Te�ms in t�iis 1�greement sha�l have the same meaning as those in A201-2007... � � 1.2 Qwners�i� and Use of Documents Section 1.5 of A201�2007 shall apply to both the Preconstruction and �onsti-uction Phases. § � 1.3 Governir�g [.aw Section 13.1 of A201-20�7 shall apply to both the P�-econstru.ction and Construction Phases_ �-1 � .4 Assignment The Uwner and Construction Manager, r�spectively, bind themselves, their agents, successors, assigns- and lega� representa�ives tp this Agreexnent: Neither the O�ner nor the Construction Manager sh.a1� assign this Agreement without t�ie written consent of the other, except that the Owner may assign �hzs Agi:eement to a lender provlding financing for the Proj ect if the �ender agrees to assume the �wner's rights. anci obligatio�s undet• this Agreernent. Except as provided in Section 13.2,2 of A201-2007, neifiher party to the Contraet shall assign the Contract as a whale without writ�en cansent of the other. If either party attempts to make such an: assignmen�t without such consent, that par�y shat� nevertheless re�rnai.n legal�y responsible for all abligations under the Contract. � 'I'!.3 (�ther provisions: R�M labor for work perfot�rned whether on the project slte or at the principle corporate office will be bi�led for reirnbursement at the following hourly rates: Seniar Project Manager/Project Exeeutive $130.40 . _ . . A�A DocumQnt A1337N' — 20U9 {formerly A121 T�'CMc — 2003�. Copyright O 1991, 20�3 and 2009 by The American Institute of Architects. All nights resenred. �n��• VtIARNING: This AIA�' Document is pr�tected by U.S. Capyright Law and Internatianal Treaties. Unauthorized reproduction or distribution of #his AIA� .� 7 ;,., Document, or any portion of it, may result in severe civil and criminal penalties, and w�ll be prosecuted #o the maximum extent possibte under the law, ��` This documenk was produced by AIA software at 10:39:00 on �O113/2017 under Order No.78573fi7461 which expires on 081�9/2018, and is nok for resale. :- User Notes: i112940?590} Froject Manager Proj ect EY�gineer Project Assistant G eneral : Sup erint en d ent Superintendent Safety Director Carpenter Foreman Lead Carpenter Journeyman Carpen�er Laborer Foreman General Laborer $98.40 $73.4� �4�.�a $106.90 $1�1.90 $10�.90 $78.90 $76.90 $75.90 $73.94 $�9.90 ARTICLE '12 SCOPE OF THE AGREEMENT § 12.1 �'his Agreenlent represents the entire �nd integrated agreement between the Owner and the Construction Manager and supersedes all priar negotiations, representations or agreements, either written or ora1, '1This Agreement may be amenderl only by written lnstrumen� signed by both Owner a�d Construction IVlanager. § 12.� The foilowing documents comprise t�e Agreement: .1 AIA Document A133--2Q49, Standard Form of Agreement Between Owne�r and Construction Manager as Construct�r where the basis of p:ayment is �he Cost of t1�e 'Vt�ork Plus a Fee with a Guaranteed Maxirnum Price .2 ArA Doeum.ent A201-2007, Generat Condit�ons of the Contract for Co�struction .3 AIA Document E201TM-2407, Digital Data Protocol Exhibit, if completed, ar the following: AIA Documerit E202'�"--2�08, Building Information Modeling Pratocol Exhibit, if completed, or the following: Other documents: �Lis� ot�er docttments, if a�zy, ; forming part of the �1g�eement.} Exhibit A. RJM CM Fe� Proposai Exhibit B: RJM Guaranteed Maximum Price Sumnlary * Exhibits B& C: will be incorporated by Exhibit C: RJM Insurance Certificate amendrnent upon bid and council approval, This Agreen�.ent is entered i�to as of the day arid year first written above. t�WNER (Srgnature} _ �Pr-i�zted name arld titl'e) CC?NSTRUGTtOI�` N�lANAGEf� (Signat�cre} ` Ted Beckman Senior Vice President (1'rinted �zame a�zd title) AIA Document A133 2009 formerl A121 CMc — 20Q3 . Co ri ht O 1991, 20d3 and 2009 b The American Insti T� _ ( y T�+ ) py 'g y 'tute of Architects. All rights reserved. It11t. yyARNING:' This AIA� Document is protected by U.S. Copyright �aw and Internati�nal Treati�s. Unauthorized reproduction or distribution ofi this AIA� .�:8 ... Document, or an� portion of it, may result in severe civil and criminal penalties, and will be prosecuked to the maximum extent possibl� under the law. �� This document was produeed by AlA software at 10:39:OQ on � 0/13/2017 under �rder No:7857367461 which expires on 08109120'18, and is not for resale, User Notes: {'! 12940759U) EXHIBIT A Hopkins Ice Arena RJNi Constructian CM Fee Praposaf October 10, 2017 Prect�nstruci�t�� & Bidding Phase 5 Me�nths Descriptian Quantity Unit` Unit Cost Total Prra�ect Pr�ncipal_ _ 156 NRS $ 130.40 ln Base Fee ` _ Pro�ect Mana,�er 65 HRS $ 98.40 $ 6,395 Estimator 80 HR5 `$ 98.40 $: 7,880 - _ _ _ __ Project Scheduler _ _ -_ 4 _ , HRS' , � �91.4C1 ' $ : 3SS MEP Caordinator 8 , ._ _HRS $.. __ .115.40 $ __ 9Qfl B1M Specialist 0 HRS ,$ 91.40 $ �- Doeument Quality Contral Team 8 HRS $ 106.90 $ 834 ,.. _ _ _ ' Subtotal Preconstruction & 8idding $ 16,366 Project Reimbursable ��ses 6 Months _ Descripti�n Quantity r Lini� Unit �ost Total Pro�ect Principa! . 2a8 NRS $ 130.40 In Base Fee , Pro�ect 1�ianager ___ __ 2U8 . - HRS : $ _ 98.40 $ 20,467 P�-a�Qct En�%neer 130 HRS ' $ 73.4� :$ 9,542 _ . Gen�ral Superintendent 4t? HRS $ 106.90 ;$ 4,308 _ Superintendent 780 NRS $ 1.�1.9Q $ 79,482 Pra�ect Scheduler 25 HRS $ 91.4� $ 2,376 t MEP Coardinator, _ _ _ 26 . ; HRS $ 115.40 $ 3,t�Q0 B1M S��eialist 0 HRS $ 91.40 $ � Safiety Director 40 HRS _$ �.Ob.90 $ 4,308 Pro�.ect Assistant _ 130 NRS $ 49.40 `�_ 6,422 _ Subtotal Reimbursable Expenses $ 1�9,906 Ceneral Conditions Ccrsts 6 Months _ `Descriptio�n ' _ t�,uantit� Unit , Unit C�st Tvfial Electronic Documentation � _ ___ 2� VII� $ 75.0� $ 1,95C1 Cell Phone 26 WK $ 15.0� $_ 390 _ . _ Blue Prints 6 MO $ 150.Ofl $ __. 901, . Postage & DeliWer� 5 MiJ $_ 1DO.Ofl $ 60(� _ Temp�rary Toilets � IVIa _ $ 3(}Q.00I $ 1,801 �Jffi�e Equipment _ _. _ _ _ . � M� _ $ 2(}0.00 $ _ 1,2Q1 : �ruck 1017 HRS _ $ 4.50 $ ` 4,575. Fue1 _ _ 25 WK $ .9D.OQ $ 2,340 Sma11 Too1s & Equipment 2� 1NK ` $ 250.00 $ 6,,5�4 _ _ Subtvtal G�neral Cvnditions $ 2Q,258 Const�uction Man�� 1=ee _ P�o�i.��d �onstruction Mat��,�� ee 1 l.S 2.25°� � 112,500 SUPPLEMENTARY C 4NDITIONS These Supplementary Conditions to this A 13 3-2009 Agreement are incorporated hereby. These modifications are in addition to the Additions and Deletions changes to the A 13 3-2009. Agreement Title: The Agreement shall be entitled "Standard Form of Agreement Between Owner and Construction Manager at risk where the basis of the payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price." § 1.2: Delete the language in line 4 after the word "supervision" and substitute "to ensure that the prime contractors and their subcontractors and suppliers provide an adequate supply of workers, equipment and materials. The Construction Manager shall manage the prime contractors to perform the Work in an expeditious and economical manner consistent with the Owner's interest." § 1.3: Add the following at the end of the section "Notwithstanding any language to the contrary in this Agreement or in AIA A201 General Conditions, as modified by the Owner, the Construction Manager shall not be a constructor or otherwise perform any of the Work with its own forces or with affiliated entities." § 2.1.6: Add "All contracts for the Work shall be publicly bid in accordance with Minnesota Statutes, Section 471.345 and awarded by the Owner. The term "Subcontractors" used in this Agreement and in A201-2007 General Conditlons shall mean the prime contractors that have bid for and been awarded contracts by the Owner, subj ect to assignment by Owner to Construction Manager. § 2.1.7: Strike the sentence beginning in the fourth line of § 2.1.7. § 3.1.2: Strike § 3.1.2 in its entirety. � 3.1.4: At the beginning of the second sentence in this section add the following "Subj ect to written disclaimer or qualification from the Owner as to accuracy," § 7.1.3: Add the following: "Owner payment obligations to Construction Manager and Construction Manager payment obligation to the prime contractors shall be governed by the Municipal Prompt Payment Act, Minnesota Statutes, Section 471.425, specifically including subdivision 4a requiring the Construction Manager to pay subcontractors within 10-days of receipt of payment." § 12.2.1: Add "as amended" afier "A 13 3-2009." Delete "as Constructor" and add "at risk." § 12.2.2: Add "as amended" at the end of the subsection. 509317v1 HP145-1 Construction Management Professional Services Proposal Hopkins Pavilion Addition and Renovation 9/25/2017 CONSTRUCTION MANAGEMENT REQUESi FOR PROPOSALS HOPKIIUS PAVILION ADDITION AND RENOVATIONS City of Hopkins 1010 1St Street South Hopl<ins, M N 55343 Background The City of Hopkins (City) is requesting proposals from selected firms for construction management services for the renovation of the existing Hopkins Pavilion. The worl� includes an addition and remodeling. Work includes replacement of the existing ice refrigeration plant and new refrigerated concrete floor slab, an addition that will include an expanded lobby, warming house to serve the existing outdoor ice sheet, remodeling of existing team rooms, new public restrooms, showers to serve tearn rooms, concessions, new refrigeration room, along with various finish upgrades to the existing facility. The addition will add approximately 7,600 SF of new space. Refer to schematic floor plan attached to this RFP. The decision to bring on a Construction Manager (CM) is to facilitate the cost exploration and sequencing of worl< for the efficient and proper allocation of the available funds while maintaining citywide services. The CM will be part of an integrated team to assure that the scope of work and the goals of the City are properly aligned through the design process. Stevens Engineers of Hudson, WI along with 292 Design Group of Minneapolis, Minnesota, has been selected as the project architects for this wo rk. Invitation The entire Request for Proposals consists of five pages and attachment documents included by reference. Four copies of the proposal are to be delivered in person or by certified/ express mail to City of Hopkins, City Hall, 1010 1St Street South, Hopkins, MN 55343. To be considered, all proposals rr�ust be received by 2:00 p.m. on October 10t", 2017. Proposals submitted by fax or by electronic mail will not be considered. The City of Hopkins reserves the right to overlook any technicalities and accept or reject any or all proposals in the best interest of the City and the project. The UVork Work for the City includes projects requiring multi-phased or multiple bid packages, and some with complicated scheduling and coordination issues which are expected to benefit from the Construction Management method. The attached schematic plans, rink replacement schedule, and renderings define the project scope and schedule. The overall project is dependent on being able to skate by September 10, 2018. The overall preliminary budget for construction is $5M with a project cost of $5.7M. It is anticipated that the plan will be modified during the design phases. The design team is currently in the design development phase. The refrigeration replacement bid package (Bid Package 1) is 1�P�ge 508462v3 DTA HP145-11 . Construction Management Professional Services Proposal Hopkins Pavilion Addition and Renovation 9/25/2017 anticipated to be ready for distribution sometime between late October and early November. The rest of the project (Bid Package 2) is anticipated to be ready for distribution towards the end of November. The Construction Manager will assist the City and the Architect to determine which projects will benefit from different scheduling and bid packaging opportunities. It is expected that communication will be maintained through regularly scheduled meetings with written meeting minutes to keep everyone apprised of the activities of the projects from early planning meetings to the final punch list item. Communication skills are essential since many of the materials in the planning and in the implementation phases are funneled through two points of contact: the CM, manager of the construction team, and the Architect, manager of the design team. Both entities are hired as the City's agents and will endeavor as a team to guard the City's interests. It is not intended that the CM team and the Architect partner but that they provide independent services to the City and thereby offer checks and balances in the interest of maximizing facility improvement funds while retaining buildings of high quality. The approaches to Construction Management services (CM) anticipated for this work include the following concepts: • The CM offers a perspective on cost / quality/ and value to provide the City with the best information possible in the development of building programs • The CM acts as Owner's agent in the field and contractually durin� constr�ction • Allows the inclusion of smaller, local contractors since the project is brol<en down into • numerous small projects • Multiple bid packages can be implemented and managed to "fast-track" a project s Added experience helps identify lead tirne concerns and cost control methods during the design process • The CM retains the primary responsibility on the budget and project delivery schedules during the implementation phases While price and fees are a factor, this is not a price competition. The City of Hopkins's selection will be based upon qualifications and experience with similar projects. The City will evaluate proposals and enter into negotiations with the highest scoring respondent based upon the combi�ned scores of the evaluation of the proposals and reference checks. The City reserves the right to conduct interviews if desired. A tentative schedule for proposals and selection is as follows: o Distribution of Proposal Request: e Submission of Proposals To City: • Review Proposals, Forms of Agreement: • Committee Interviews (in desired): • Committee Recommendation and Council Action: October 2, 2017 October 10, 2017 October 12, 2017 October 13, 2017 10AM-IVoon October 17, 2017 The proposals should be broken down into two phases including preconstruction and bidding services and construction and post construction services. The anticipated contract period will be from the date of the acceptance of the agreement with the selected construction management firm until bidding or until construction is completed. 508462v3 DTA HP145-11 Construction Management Professional Services Proposal Hopkins Pavilion Addition and Renovation 9/25/2017 The City of Hopkins, as the Owner, is represented by Steve Stadler, PE, Public Works Director, City of Hopkins. Phone: 952-548-6350 and email: SJStadler@HOPKINSmn.com � The Engineers and Architect identified and selected for this work is: Stevens Engineers, 2211 O'Neal Road, Hudson, WI 54016: Phone : 651-436-5819 and 292 Design Group, 3533 E Lake Street, Minneapolis, Minnesota 55406: Phone: 612/ 767-3773 Construction Management Goals The following general goals reflect the purposes for which the City has elected to seek construction management services rather than to utilize a process of selecting a general contractor (or contractors) through a public bid process: o To develop, manage and complete the project within a defined time schedule. o To develop, manage and complete the project within a given budget. o To develop, manage and complete the project within quality and program guidelines. Contract Award The firm awarded the project shall be a construction management firm in the State of Minnesota or able to provide such services to entities within the,State of Minnesota. The selected CM firm must have demonstrated expertise in site work/design estimating, and project management without the use of additional subcontractors with such ability. It is the City's intent to review all respondents' qualifications and proposals conscientiously and choose candidates or the desired firm based upon selection criteria. Should the City feel it would be in the best interest of the City and community, the City may enter into negotiations with any of the firms until a contract sum can be finalized with the successful candidate. � The form of Contract will be an AIA Contract Document as identified in this RFP. The City reserves the right to reject any and all proposals or to accept other than the lowest responsible candidate, and to waive any informalities, omissions, verbiage, or technical defects in the proposals, if in the opinion of the City of Hopkins it would be in their best interest to do so. The request for proposals does not commit the City and/or their committees or a representative to pay costs incurred in the submittal of any proposal and does not commit the City to procure or contract for any services. While award of this proposal is based on stated selection criteria, the costs associated with developing and presenting this proposal will not be submitted as part of the initial proposal. Firms are encouraged to prepare fees and cost schedules based on the criteria established and the scope of services outlined within this document as negotiations to finalize an agreement will be entered into expeditiously so that the recommendation for award can be presented as quickly as possible. Please provide estimated fees and cost schedules and a sample completed AIA Agreement with all applicable attachments in a separately marked envelope as part of the submittal package. 3�Page 508462v3 DTA HP145-11 Construction Management Professiona) Services Proposa) Hopkins Pavilion Addition and Renovation 9/25/2017 Contract between the Owner and Construction Manager The STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER as CONSTRUCTOR (printed AIA Document A133-2009) will be used as the basic contract for construction management services. The Owner reserves the right to make modifications to this document. In the event of any conflict between the terms and conditions stated in any amendments and those in any part of AIA Document A133 - 2009, the amended document shal) supersede the AIA Document A122 - 2009 and shall govern in all respects. Stevens Engineers has provided an agreement to the Owner (City of Hopkins) using the EJCDC Format, EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. 292 Design Group is a sub-consultant to Stevens Engineers. The Construction Manager proposal and form of agreement must be corr�patible to avoid conflicts in the agreements that might be cause far renegotiation of any previously approved agreements. Submittals and Requirements It is intended that proposals be brief. However, proposals must provide the following minimum information in all bound proposals and it is preferred that the information be provided in the following general order: Cover Page: a. Identify the name of the project b. Company Name, Address, Phone & Fax I�umbers, Contact Person, voice telephone, fax telephone, and e-mail address. Part 1: Business Organization and History a. Brief history of the firm, including listing of principal officers, corporate structure, and ownership type� Identify the number of years the firm has provided similar construction rr�anagement services. b. Identify other services your firm presently provides, besides construction management, under the name stated above or any other name. Identify construction services and/or other services, you provide as agency construction manager. Part II: Team Identification a. Identify key staff, consultants, and positions for each of the phases proposed for this work. Include basic and brief resume' information focusing on project experience that enhances qualifications for this work. b. Identify project availability during the work and any project conflicts based upon other work or project commitments. , Part III: Key Qualifications and Approach 4�P�ge 508462v3 DTA HP145-11 Construction Management Professiona) Services Proposal Hopkins Pavilion Addition and Renovation 9/25/2017 a. Based upon your knowledge of the proposed work, describe why the City of Hopkins should team with your firm for these projects. Key reasons may include some of the essential process items listed below. b. Briefly, how do you propose to administer this project? Part IV: Project Examples, Supplemental Information a. Briefly, utilize this portion of the proposal to identify those "value-added" qualities, conditions, services, or attributes of your proposal that enhance or support the proposal documente b. �etters ofi recommendation might also be provided as well as project examples or project data sheets. Part V: Cost Proposal a. Please outline your firms not to exceed staff cost, not to exceed CM Fee expressed as a dollar amount, and not to exceed reimbursable expenses expressed as a dollar amount. b. Please note the number of hours you will allocate per week toward onsite supervision during the construction phase. c. Please separate the costs as stated in V.a. above into two phases; preconstruction/bidding services and construction/post construction services. Selection Criteria Evaluation of the proposal and selection of interview finalists will be guided by the following criteria: 1e Submittal Review: a. Firm Capacity to support the project: b. Prior Ice Arena/Community Center Project Experience and Qualifications: c. Experience and working history: d. Understanding of Scope, Schedule 8c Approach: e. References and capability to guide the project successfully: f. Appropriateness of Fees: Rights Reserved The City of Hopkins reserves the right to waive any irregularities in any proposal and to select the proposal evaluated to be most advantageous to the City. The City reserves the right to disqualify any proposal or to reject all proposals if it is deemed to be in its best interest. The City and its representatives reserve the right to reject any and all proposals or to request additional information from any respondent or from all respondents. � •_ r• _ S�Page 508462v3 DTA HP145-11 Construction Management Professional Services Proposal Hopkins Pavilion Addition and Renovation 9/25/2017 FIRST ADDENDUM TO THE COIVSTRUCTION MANAGEMENT REQU EST FOR PROPOSALS HOPKINS PAVILION ADDITION AND RENOVATIONS Proposal Requested for CM as Advisor (C132 — 2009, as modified), in addition to CM at-risk (A133 — 2009, as modified) The initial RFP document indicated that the STANDARD FORM OF AGREEMEIVT BETWEEN OWNER AND CONSTRUCTION MANAGER as CONSTRUCTOR ( AIA Document A133-2009) would be used, with the Guaranteed Maximum Price known as CM at risk ("CMar"). However, the City seeks to compare proposals for services as a CM as advisor under the C132 - 2009 ("CMad") to the CMar and reserves the right to enter into either form of CM contract with the RFP respondentse Accordingly, depending on which project-delivery model the City of Hopkins deems appropriate, either the AIA Document A133- 2009, or AIA Document 132-2009, as they may be modified, will be used as the basic contract for construction management services. In either case, the City intends to use the AIA A232 -2009 General Conditions, as modified, for the Owner-prime contractor agreements under either CMar or CMad. Part IV (Project Examples, Supplemental Information) shall also include the following information: d. The City of Hopkins may select either a CMar or a CMad project delivery for this Project. Accordingly, please provide a summary of the advantages and disadvantages to the City of Hopkins each of these delivery methods provide for this Project. Part V�Cost Proposal) shall include your firm's cost proposal under both 1) the CMar, including the methodology and criteria your firm uses to formulate a CM Guaranteed Maximum Price ("GMP"), which shall include the fee for CM services and all other fees, and 2) the CMad fee for services. For the CMar proposal please state whether your firm intends to bid for certain work scopes or whether the CMar services uvill not include bidding for work and explain why your firm intends to bid or not bid for work as the CMar. Additional Rights Reserved The City may reject all proposals or select to contract based on the C(Vlar or CMado 6�P�ge 508462v3 DTA HP145-11 --•-- - ----- --. .�_ __ -. _ : ;.� i M � • Z ' e `- � J '' � i F-- � � a= � '.. 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M O N e-I 111 lll � � ` , � � � � � � o � v �� o � o � c ,-�--� � � � '- � � � O � � L � � O � L �, � � o �, 3 Q1 � � � � % U � ^ '� �°A O °c° o � � � •� V J � a� � � � p �Q' � � � � �'`� + � � � � i � � � � � N i C ,� � j� O � � A1 W N � N � 4-�-- V -a � V � W � � � v l0 � � � � O � � L L O � O � � W 1'-' Q. � � � � � •�' ,� � y__. •�-- O '�--� � � V � � '� Q) �-+ � � � � 'O � � � � � � � �1 N � � � � •L"' � (� 1 � I I L-' 1 I I � -Q � O � � � � Q � � � � � � � � � � o � � � � � � � � V —� � � + � + +`� � � + + °D � � �n c �,_- c � a c c c � ' V, (� � u o � o o v o o O = � v ao � � U � U U �n U U U � � � � v � � � � � � E � � +� � � � U � � � c a� � a� a� a� a� a� � � � Y -�--� z U � � � � z � � � �- � c � W � � Y � cn � cn v� cr� cn v� � U a� U a� a� � a� v v U O v J � Ur v Ur c� u � u v c..� C7 m O N ■ Q � c.i m �t �n �o f� oo rn � 'r'� c� m d- �n � � oo rn o � � O U c-i c-I �-I c--I c-I �-I c-I c--1 r-I c-I N N ""� — � ..L �,� f��, , . � � � � 4ctober i0, 2017 � Mr. Steve Stadler, PE, Pub[ie Works Director City of Hopkins, City Hail 1010 is� Street South Hopkins, MN 55343 Re. Hopkins Pavilion Addition & Renovations Dear Mr. Stadler, .�:�- RJM Canstruction is pleased to present our response to the request for proposa! for the H�pkins Pavilion Addition and Renovations. We understand you are seeking a strong and collaborative construction par�ner to help guide the City through the process. Our team is uniquely qualifiied to deliver this project. VUe have assisted 292 Design Group and Stevens Engineers with cost estimating, construetability reviews and various scheduling scenarios for this project over the past year. This experience will allow the team to deliver results immediately with no learning eu rve. We believe we can best meet the goa(s established by the projec� team based on the fallowing: � Tce Arena Specialists: Our team has completed dozens of similar projects, many with 292 Design Group and Stevens Engineers. UVe will utilize this experience in establishing a plan to maintain your upper level, adm.inistration areas and softball fieids du�ing cons�ruction, We will . deliver your project wiih minimal impact to your community and business operations. � Extensive CM E�perience: R.1M has had the pleasure of working with over i8 r�unicipalities on construction management projects. �ur services ga beyond the construction of yo�rr fiacility. From managing purchases through your state contact to guiding city staff through counci( approvals, RJM is truly your pariner through the entire process. � ,ti � Proven Value: We are committed to being innovative in our approach to the project. We wifl . . establish accurate budgets, provide valuable cost savings options and guide the team in making effective decisions — a!I while maintaining your goal ofi skating by September �Ot", RJM Construction provides the maximum project value and a rewarding constructian experience for every member of the project team. We stand ready to begin wark immediately With you and your team. Sincerely, � � � r�.„�..�' .- Brad Barickman Vice President, Community __ _ —� ._ -�._ ., .. . _ — ..,`` - �� > ( `y==�. , = 1R-..�;`; � ' , _ - =",`_ ``' �'.�.. `' '' _ �� . _ - " '�' m' p`'� � _ �, �� - � ` � .. � _ , � -.� . � • r -de --.,..�- ' -�,.�; =`. 1-� _ .,. �. ° � r �� -- - _ - �-- �—. - — _ � - �- .a. � � .. = �� • I' .- .� � _ _ _� � ":, � i� � - _ - _ -� ^ ' -� + `�. e , � �'. _ - -_ _ - __ �� I�- -�.�'`'`�. =;: - ';• ...�`'�-. '= •-�� -� o�;,� . " . �,'" - �� ,`�"'�' °� �r� � '� � � '_ •� a��o, .� . � _ . - ,- � �.� _ , . . . , � �-, - � . �A�..,`�. -°�` `�..�1 xe ��.,�,`°��- _ y - i '� ' 'TM. q . ► ``��'' �- � �` � , - - � �• ` �"a"r. , ;q i �. , �., -�e .� �__ _ - �.� � `°e � � . � � �� ` _ �' � "-• -.. •�. �,.. __ ; .� "' �� ^_`'�.,. ,r, , _ ` �� ..�° � ._ � ��' -."`°�. `°a -_ . . ._ - - -�. �.� - -. ..,� _ � �� _ -�, � - �`'� a ' '� - �� _ . _ - - ��^-m.- '�^'-.� . ,_ _ _ �. � � � _ �1., _^:, . 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Qur clients appreci�te that �hey can count on the RJM team to alway5 put their . i nterests fi rst. � Our�commitment to our clients'vision is supported by construction expertise on a wide variety of projects for community leaders, property owners, hea(th care professionals and building tenants, We are dedicated to providing [eadership and value en.han�ing in�ights to every construciion projecfi. With our headquar�ers in .��olden Valley, Minnesota, R�M was estab(ished in 1981 and is owned by industry veterans Robert �ossart, �oe Madd�, Brian Recker and Ted Becl<man. Today, R�M has more than 150 specialized staff members and annual construc�tion volume of $z00 million, Construction Management �Servic�s R�M Construction is an industry leader in delivering constr.t�ction management �ervices, The benefits construction management can offer include pre� construction services, accelerated construction schedules, and having an indu5try expert partner on your'team through the entire proeess, �ur team has delivered constructian mana�ement services to municipalities �throughaut the Twin Cities. Key Sta�f RJM Construction is fortunate to introduce a skilled and experienced team for the Hopkin� Pavilion Addition & Renovations project. The team is comprised of project leadership, support, and caordination roles. (n tandem, these groups will act as an extension of the City of Hopkins s�aff and flaw(essly execute the project. This � aliowsyourteamtofocus on �our community, �fi�� ENGINEERS • PLANNERS � SURVEYORS ,�9�.C�e�ign�� Chief Es�imafior �ustin �ohn5�n _t� -: �i �� .MEP �� . ��_ � Dir�ctor �� r � � � �ed Field �� a�w � : ; � �'ro�ect � ti 5cheduler � . Thomas � Hu�song ,� � BIM . SPeciali5� � �� , )ake Fisher � � . � � ��.�. _ . . ��.� �.�:� .. . �� . � � Project Principal Brad Barickman � Projecfi Su �erintendent �� Manager p Tara Blotske Mike Seigley �� _ � k. � v � Pro'ec� � �uatity Cor�trol Safe�� J Engineer Director„ Director Mike�ahnsan ��hn Boben Project Assistant �rad Barickmar� Vice Presiden� Communit�/ / Projec� Prin�ipal brad,barickm�n@rjmconstruction.com � 95Z-837-8614 � Brad brings nearly 15 �ears o� projecfi management experience to�his role as Vice President Community. He's completed projects for a varie�y of clients inciuding municipalifiies, manufac�uring firms, medical dev�ce companies, heaf�thcare providers and other carporations. Brad has demons�tra�ed an exceptional abiliiy to communicate with ciients from pre-construc�ian through project comple�ion. He excels at bringing posifiive leadership to help create a� enja�able construction experience for the entire projec�t team, � As project executive, Brad will work directly with Brian Recker and R�M's assigned managemen� s�aff during pre-co�struction planning and the execution of construc�ion, Brad wil( be responsib(e fior a(( contract administra�fiion, budget management, overseeing the schedule and �ommunicating with the entire team. �xp�rience Client Re�erence Hill-Murray School Mr, David Clausen Piaza Renouaiior� R,&D 5ystems UHG Pa�kir� l.a�ClSi�e Work 61Z-363-6361 � Eden Prairie � Mr. Andy�ohnson Cit� of �n►or�hingfion W�rthington YM�A Camm�nity Center & YMCA 507-376-6197 x ZZ5 Ci�y af Andover Architect Reference Community Cenfie� & Ice Ar�na Mr, Roger Christensen Ci�� of Eden Prai�ie Cammunity NCM �rchitects Center & Ice Aren� SSZ-904-1332 Ci�y of Shoreview Mr. Tam Betti Community Cen�erAddi�'ron* �� esig� Graup �ZZ-767-3773 Ci�y o�f Cottage Grave HIERO Tra�ning Facility* City of �►laodbury Publi� in�or�ks* *projects in pre-construction Education Bachelor of Science Degree Construction Engineering lowa Sta�e University •, � � . .'-� � , �. ' � �a�ra B I ots ke Project Manager tara.blotske�rjmconstruction.com 95�-893-��48 . Tara has been in the construction industry for 13 years. She has held positions in pre-construc�ion and project managem�ent, on a variety of project �ypes, Tara's experience has led her ta an in-depth understanding of the canstruction manager delivery process, This unique background ensures your project will be organized, coordinated and de(ivered in accordance with all local and state bid procurement statutes, As project manager, Tara will manage the overali construc�ion process by deve[oping schedules, trat�king submittals, processing RF('s and coordinating wi�h subcontractors, She provides valuable project assistance in ail areas ofi information management, always keepingthe client informed of projectstatus. Tara manages her projects with a�imple and straightforward approach. She � thrives in team settin s and en'o s sharin her ex erie g � y g p nces and knowledge by , mentoring her younger colleagues. � . Experience Client Re��rence Ci�iy of Shakopee � Cindy Walsh Ice Arena & Communi�iy Center City of S�. �ouis Par{c �5Z-9Z4-Z541 Ci�y af Eder� Prairie Aqua�fiirs Center �ity of Edina Pamela Park City of Maple Grove Ice Maintenance �uilding Cit� o� Eden Prairie N�iracle Field City o� St. Louis Park lte Arena & Recreatian Clutdoor Center HmongAcademy Phase IV Charter School St. Paul Education Bachelor of S�ience interior Design & Construction Management Minnesota State University, Mankato Ms.�amie Polley � City �f Shakopee 95Z-Z33-9514 Architeci Reference Mr. Pau( Crosland �-� GA 61 Z.758,4zQ7 Ms. Michelle Maiers �9Z Design Group 612-767-3773 , , � .- , t ,,4 1 � Mi�e S�{�ley Superintenden� mike,seigiey�rjmconstruction.com 95z-83��86�Q Mike Se�g(�y began his construction career in 1978 as a� apprentice and quickl� worked his way up to �he positian of superintendent. Mike`s experience and personal commitmen� Wilf deliver a quality construction project, He is a valuable rnember and resource to any projecfi fieam, As superin�enden�, Mil<e wil) p(ay a vi�al ro(e in ensuring fihe comp(eted project exceed� �he est�blished goals. In addition, his exper�ence warking in a fiunctioning facility environment is a real asset to ensuring a successful projecfi for all stakeholder5. Mike has supervised in�tallation of �en ice sheets for R�M and his unique expertise will ensure the rink improvement� will be executed flawlessly, Experience Ci�y o� �f�akopee Ice Arena & Community Center Phoenix Coyotes Ice Den S�ottsdale, Arizona Ci��/ o� Andaver Community �enter & Ice Arer�a Cit�/ of Eden Prairie Communi�y Cen�er & Ice Arena Ci�� of Rogers : [c� ,Arena Cit� af Caon Rap�d� ice Arena C��y of Maple Grove I�e Arena Expa�sion HmongAcademy Phase IU �har�fier Schoa[ St, Paul Education Carpenter's l.ocal Union #8�1 Member since 1977 Client Reference Mr, �ay Lotthammer Ci�y af Eden Prairie 95Z-949-8441 Ms, Jamie Poiley Ci�y of 5hakapee 95Z-Z3�-9514 Architect Reference Ms, Teri Nagel Kode� Arclni�ecfiural Graup 61Z-377-�7�7 Mr. Tom Betti Z9Z Desig� Gro�ap 61�-747-433Q �s . : ' , �r f '' .s. �r � ProjectAv�ilability lnle have eva(uated the workloads for our team members and they have the resources, capacit� and commitment needed to effectively complete the pre- cons�truction and construction schedule wi�thout any conflicts. During the pre-cons�firuction phase of fihe Hopkins Pavilion Addition & . Renovations project, Brad Barickman, praject principal, will be vuorking on two other projects, Tara Blotske, project manager, wi[I be working on one other project, and ��Mike Seigley, R�M's superin�tendent, will be dedicated to the project full �ime. Hours assigned have been incfuded as par�t ofi Part IV, Cost Proposal. �;.,� ��. � 'ti �. -� -: � °� \� 1 y ,>r. , ��'a ti ♦ � 1nlh� RJI� C�ns�ruction? . _ RJM considers ourselves an extension of the City ofi Hopkin� s�aff, We understand fihe praject needs from bath a function and an aesthefiic perspective, Through this leve(ed approach, RJM will foster a spirit of collaboration with the project team in meeting schedule and budget needs, while creating a facility that will serve the community for years ta come. R�M brings leadership and provides value-based solutions whenever needed, Our experienced staff anticipates what lies ahead and strives to protec�C your interests, Our team keeps the proj�ct moving forWard and true to the vision. ��t�nse�� Ic� A��r�a E�p�rienc� . RjM has extensive experi�nce working with ice arenas, and understands how to skillful(y lead the team, We understand the key componen�ts that require carefuf consideration in the design and cons�ruction of an ice arena such as; dehumidification, refrigeration systems, sequence of operations, and specialized rink equipment. E��nsiv� CI� �xperi�r�c� The cons�truction management process is one that R�M navigates frequently, We will vuork closely with Ci�fiy staff through the Ci�y Council process, inciuding the scheduling of Council acfiions. For example, we will provide supporting � . , documentation and attend all workshops, study sessio�s and Ci�y Council meetings. �"his approach keeps the Council �nformed and ensures successful praject delivery, Ext�nsive E��r.i�nce wi�f� z92 Desi�n Gr�up ��ev�r�s Engine�rs As three firms specializing in ice arena construc�ion, our teams have warked together on 13 ice arena projec�ts; the most recent being Shakopee 1ce Arena. As demonstrated in preliminary work on �the Hopkins Pavilion Addition & Renovations project, we work �ollaborativel� as a team. There is no learning curve between R�M, Z9Z and Stevens. I°rojec� Adminis�ra�ior� Pre��Con�truc�ior� ConstruCtabilit� Reviev� Being proactive in reviewing the Consfiruction Documents to resolve constructability issues can greatly reduce patentiaf costs and scheduling issues. At each phase af design, R�M will engage an internal qualit� contral team to review all aspects ofi design and make �uggestions to �9Z Design Group for minor design modifications, Offering these changes prior to bidding wi11 facilitate more accurate bids from the contractors while reducing the number of construction claims �throughout the project. . • , t , `� � ' . ,., .„ 1lalue Engineering . 1t is our jab to provide the team with as many cost-saving ideas available for �the team`s evaluation for impfementation. From �our experience wi�fih ice arena facilities vue understand where costs can be reduced, without sacrificing the function of the bui(ding, or the vision and design intent ofi the client and architect, Historically our value engineering process has saved 9-13% in value be�tween schema�tic design and construction document completion. Estimating Techniques � The Hopkins Pavilion Addition & Renovations project is set at $5 million, Budget is a driving concern in ensuring the best possible value is achieved, As the design progresses, we provide con�inual, real-time cost evaluations so that the cost impact to design choices are realized right away. geing proactive in this process saves critical time and cos�, he(ping the architect understand b.udget impacts before designs are complete. We start wifih an overall conceptual budget, followed by a schematic design budget and a design development budget. Our team also provides a final esfiimate at 95% comp(etion of the design, This final estimate is developed with the assistance of subcontractors in the marketplace to accuratelytrack wherethe final bids wi(1 be when received, Allowing onefinal opporfiunityto make slight adjustments tothe plans priorto bidding assures the project will be delivered on budget. � c�r�sr�ucr�a�r � � -�,� . . . � Development of Bid Packages RJM will work with City s�taff to place the bid advertisement in the City's required publications, in addition, R�M's extensive experience in the ice arena marke� gives us a diverse list of subcantrac�ing partners we can carefiully analyze and fiailar �fio meet the needs of the Hapkins Pavilion Addition & Renovations project, We wili reach out to qua(ified subcontractars by means ofi electronic notifica�ion, as well as personal phone c�ll5, to generate as much interest a� possible, increasing the number ofi received bids, and ensuring the lowest passible price on bid da�, RJM has also deve(oped a bidding sirategy that can a(low for mare local contractor participa�tion for smaller project work scopes through the City's quote process. � �� RjM will facilifiate the bid receip� and conduct the pubiic opening process. Subsequently, R�M will conduc� a thorough review of each bid for compieteness, clarify any potential discrepancies, and conduct a scope review with al1 apparen� low contractors. Recommendations are presented to the team along wi�h a comprehensive project budget. fn addition, RJM assists in obtaining approvals from regulato�y agencies, After approval of �he contractor awards, R�M will prepare and process ihe appropriate contracts, Scheduling Scheduling begins at project definition and identifie� design, ciient planning, bidding and actual cons�ruction duration. R�M will suppor� the project team with a comprehensive schedule taking in�to account a�l critical milestones, This wi(I be a collaborative effort with the entire project team to ensure realistic expeciations are set within efficient wark sequences. R�M's full-�time scheduler will prepare and issue mas�er schedules, analysis and variance reparfis. Our �eam has outlined the proposed sequence of events for the Hopkins Pavilion Addifiion & Renovation project, This is based upon a combination of preliminary project infarma�fiion coupled with similar experience, in addition �o the sequence outlined below, a comprehensive project schedule and phasing plan has been included a� fihe end of this section for your review, Bid Pack 1- Refrigeration City Counci! Approval io 11/7/17 Advertise for Bid Bid Pack 1- Refrigeration Bidding Period 11I8/17 �o �.Z/8/17 Bid Pack Z- Addition Ci�y Council Approval to 1�/5/17 Advertise for Bid Bid Pack Z- Addition Bidding Period 1Z/6/17 to N5/1.8 Bid Pack 1- Refrigeration City Council Approval to 1�119/17 Award Contracts Bid Pack Z- Addition City Council Approval to Award 1/1�/18 Contracts X�el re(ocations Z/Z5/18 to 3/4/18 L� E t��'AN51�L,� MAKE E�'E1Rl( I�VT`E�ACT�l7N �Njii�A�t� . • ` , ,, ,. ,� , . . � . Ice out Z/�-/18 Exteriar ice equipment demolitian Z/Z5/18 Temporar� sanitary sewer tie-in 3/4/18 North (ot utility demolifiion 3/6/18 Foundations at Re�Frigeration Room 3/1Z/18 Demo warming house 3/15/18 Complete refrigeration room shell 4113/18 Refrigeration equipment 4/Z3/18 Dry floor activities complete 5/5/18 Demo existing rink 5/7/18 Interior demolition at team rooms 5/�/18 �,� Comple�te addition exterior shelf 6/8I18 Pour new rink/cure slab 6/18/18 Rink equipment start-up � 8/Z�/18 (nterior build out/remodel complete 8/31118 Final inspections - 9l7/18 Make ice complete 9/7/18 ��cupanc'y / ready to skate 9110/18 Constructivn � Construction projects within occupied facilities provide challenges that require an experienced construction manager. RjM specializes in the renovation ofi occupied faciliiies. Thi� experience will guide the project team through proactiue salutions; � studies of existing conditions o schedule development and phasing � public egress • systems operation and shutdowns * communic�tion with the public We understandthe importance ofhavingthe ice arena available�tothe public on September 10, Z�18. Ta achieve ful( occupancy, here are the opportunies we have identified as top priorities, - aPPORTUNITY #1 Through RJM's site exploratian, the main electric service needs to be re(ocated. As a member of your team, we wil( begin coordinating the revised electrical service (ayout with Xcel Energy to ensure re(ocatian occurs prior to spring of Z018. �� Ct]�1STRUCT101� OPPORTUNlTY #z Another unique challenge fiorthis project is �the location ofthe existing sanitary sewer line, The �xisting line is located undernea�th the praposed building - -__._�_ �� CONSTRUCTION 1-iEALTH AND SAFETY EXCEt,LENCE addifiion a.nd scheduled for relocation, With the facility being utiliZed for dry floar activities, the rest rooms wiil need to be opera�ional through eariy May, A short, scheduled shutdown immediate(y folloWing ice--out couid allow �far a temporary or permanent san�tary sewer relocation. �Additional options will be considered, �PP�RTUNITY #3 We understand your desire ta main�tain upper level rental space throughoufi construction, Our team is accustomed ta working around buildir�g occupants and maintaining areas for use throughout a cons�tructian project. Along with the City Stafif, further review will determine requ�rements necessary to maintain occupancy in that area �hroughout construction. OPPORTUIVITY #4 �•� RJM's fieam wi11 skillfully review the project schedule, searching fior additional fiime-saving methods utiliZing a lean building approach. For example, pain�ting �he ceiling structure coufd over(ap with work being completed on the arena floor, This overlap may increase the duration o�fi some tasks, but overall save essentia! time during rink start-up. On-Site Manag�ment R�M will provide on-si�te 5upervisian for all work. �ur highest priorifi� on the project is to provide and maintain a safe working environment for everyone on si�fie, We understand tha�fi monitaring the quality ofi work daily is in �the best interest of everyone and R�M fiakes this responsibility seriously, Project Safety R�M's superin�endent closely monitors vuor!< of the con�ractors on � daily basis ensuring safet� procedures are being followed. R�M Construction has been recognized by the Minnesota Departmen�fi of �abor and Industry and AGC of Minnesota as a Construction Health and Safiefiy Excellence (CHASE) partner, The CHASE partnership charter acknowledges the importance of providing a safe, healfihful work environment in cans�ruction and seeks a working rela�ionship that creates mutual trust and respect among all parties, including project owners and construction workers, invalved in the construc�ion process, Sched�le Control RJM's full-time scheduler, Thomas Hussong �il! review all contracts fior specific scheduling needs and profile critical time lines, The master schedule is updated regularly, with an eye always on the overall completian date, We alsa provide three week prajectian schedules that provide a breakdown of currenfi project tasks, which are utiliZed in the management of the contractors and vendors. These toois wi{I be used when coordinating work sequencing to ensure materiais and labor arriv� as scheduled. Subcontractors will be held accountable to meet these schedules as the� wiil be developed �arly as a tool to use when awarding subcontracts. A low-cost subcontractor is only qualified if the� can meet the projec� milestones, � �� <. �t , , •t 'L .�, , ..� . ti, Cost Co ntro I During construction we diligently manage the p-roject budget and con�ingency, At each project meeting we will pravide an updated budget sa everyone i5 aware of the financial status of the project at all times. Should cost issues arise, R�M will col(aborate with the design �fieam to pravide severai options to solve the . challenge, mi�igating cost impact RJM wili keep the team avuare of the status of the proje�� contingency throughout construction. As project milestanes are met, options for utilizing confiingency doliars for owner-desired scope enhancemen�ts are given. Through carefu( ptanning and fiight project cost control, RJM will assistthe �ity of Hopkins in completing the proJect ona�Rudget. Quality Contral Duringthe design process R�M vuill collaborate with �9Z Design Group and Stevens Engineers in the quality review process. Unique among ather CMs, we are builders and we uti(ize this expertise to assist �the designers in coordinating document details. During bid soli�i�tation, our team will ensure quafifi�d �ontractors are hired for critical areas of work, RJM has developed specifications that outline qualifi�ations to accompany select bid�. This extra step giues assurance that a balance of value and quality will be achieveda Once construction begins, fihe quality of materials and the installation procedures are strictly monitared, We start the process by conduc�ting pre�ins�allation conferences wi�th contracfiors to review expectations prior to the commencement of work, During these meetings, spe�ificatrops and installation processes are reviewed, mitigating quality issues before they arise, � (n addition, our experienced superintendent will be on site closely monitoring the worl<manship of the installation and adherence to the specifications. Any work not meeting these standards will be stopped immediately and corrected. � i � , � ,�� ,� � � I �■� � � va�� E ��o,�-�.�,�� PRaJECT ASSIGNMENT Cans�ruction Manager at Risk ARCHITECT Z9� �esign Group St�ven� Engir�eer� �h�kap�e Comnnur�i�ty C�n��r . Shakopee, MN This project is an extension to �the Shakopee Community Center and wil) inc(ude a remodel pf the existing recreatianal facility. The project will be comPieted in multiple phases, beginning with construction o� the ice arena� Renovations to the existing facility will include changing the current ice arena to an aqua�ic center, enhancing the fitness center and studios and adding an indoor p(ay area, senior lounge and large community room, . r VALU E $7,�40,�� PRoa�cT ASSIGNMENT Construction �lar�ager a� �isk ARCH ITECT RSP Architects Stevens Engineers ` . . R�� R�er�a�ia�r� Clut��r C�nter) C St. �.a u� i s Pa r k, M�! R�M Construction was hired by the City o� St, Louis Park to oversee canstruction of a multi-use ou�door recreationa( facility on the campus of The Rec Center. The project includes an NH�-sized refrigerated outdoor ice rink tha� can be converted into a covered turfed fie(d each �pring. The roofi structure was bui(�i With g(ue laminated beams, tensile fabric and steel cabling support, The spectatar area includes bleachers and an outdoor plaza with a fire pifi. The projecfi afso includes team locker rooms and a covered walkwa� which vuill lead from the main sidewalk fihrough the plaza area and inta The Rec Center, 4 � vA�u E ��.9,�00,000 PRfJJECT ASSIGNMENT �eneral Contractor ARCHITECT C�Ilaborativ� Design Group Stevens Engineers C�iNSTRUC`�'��►l� . ', ` � • '�< . w . �`�IA Rink ��. P'a� � I� M � R�M Canstruction is busy at work converting the former Macy's store in downtown St, Paul into Treasure Island Center, Pians for �the 540,000-square-foot building include a mix of new office and retail �enants, topped off by an 1,100-seat hocke� practice facility, The rooftop NHL-sized ice rink, named The TR1A Rink, is the most distinctive feafiure of the building, Crews placed a 10�,000-pound crane atop the roof to haist structural steel, mechanical equipment and ather supplies, This innov�tive idea saved the project over $1 million and tuvo mon�hs of schedule time. s va�u E ��,�a.�,000 PROJECT ASSIGNMENT Cons�ruction Manager at Risk ARCH ITECT z9� Design Graup 5teuens Engineers M�ple Grav� I�c� �r�na Exp�r��i�n �1�p1� �r�ve, M N RJM Construction partnered with the City of Map(e Grove on the 47,000 SF expansion ofi their communi�ty center, The praject included a new sheet o�f i.ce, locker rooms and support areas, The existing �faci{i�� continued to operate uninterrupfied throughout all phases ofi construction. v��u� �5,�5o,oao PROJECT ASSIGNMENT Construction Manager ARCH ITECT 29Z Design Group S�evens Er�gineers . . �, •, . � j �� Plynnouth Ic� Cer��r . - Ply�auth, MN The construction and renovation of the Plymouth ice Center involved coordinating the completion of severai upgrades to the facili�ty and the ins�aila�ion of � third sheet, while remaining conscientious of the limited space available for this project, City of Hopkins FINANCE DEPARTMENT MEMORANDUM th Date: October17, 2017 To: Mayor &City Council From:Nick Bishop, Finance Director Subject: Mid-Year Financial and Investment Report Attached is the presentation for the mid-year financial and investment report. If you have any question in advance please contact me. A full presentation will be given at the council meeting. o